Change of Summary Procedure

Change of Summary Procedure

When summary/expedited procedure is applied, the disputing parties are also entitled to file a counterclaim, alter any claim or counterclaim, etc. And any such change or alteration will be without prejudice to the proceeding of the summary procedure.

But if the amount in dispute in a claim or counterclaim after such change or alteration is more than the maximum amount for the application of the summary procedure under the arbitration rules, the summary procedure may continue to apply or may be changed to the general procedure or any other applicable procedure by the arbitral tribunal, or by the arbitration commission before the composition of an arbitral tribunal, on its own initiative or at the request of the claimant or the respondent and upon approval.

More detailed rules in respect of the change of the summary procedure may be specified under different arbitration rules. For such detailed rules, please refer to the applicable arbitration rules.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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