Summary Procedure: Mutatis Mutandis Application

 
Summary Procedure: Mutatis Mutandis Application

Summary procedure in international arbitration is a special procedure that enables the sole arbitrator to dispose of claims and counterclaims at the early stage of an arbitration proceeding. The respondent may request the sole arbitrator to dismiss the claim if the claim is obviously without legal merit, and the claimant may request the sole arbitrator to dismiss the counterclaim if the counterclaim is obviously without legal merit. Therefore, the summary procedure is conducive to safe time, costs, and resources of both disputing parties without prejudice to their right to due process.
 
According to the arbitration rules of most international arbitration institutions in China, the summary procedure is generally applicable in small claim cases and the provisions on the general procedure shall apply, mutatis mutandis, to summary procedure unless the parties agree otherwise.
 
As the summary procedure is more simplified and a case to apply the summary procedure shall be decided by a sole arbitrator, the summary procedure is mainly featured by shorter time periods, less consumption of costs and resources, more simplified and flexible procedures, etc.
 

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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