论《联合国贸法会快速仲裁规则》中的快速程序退出机制

完善退出机制是保障快速程序完整性和灵活性的客观要求,有利于提高仲裁效率、妥善解决纠纷。《联合国贸法会快速仲裁规则》设置了三种不同的退出路径,详细规定了快速程序与普通程序之间的衔接问题,其所设置的快速程序的退出条件不仅与启动条件相对应,而且与裁决期限的延长规定相挂钩。虽然《联合国贸法会快速仲裁规则》对快速程序作出了准确定位,充分阐释了构建退出机制的必要性并对其加以完善,有助于促进其他仲裁规则的发展,但在效率价值的反思和重构、退出机制的启动主体等方面存在若干固有缺陷与潜在风险。我国应当审慎借鉴《联合国贸法会快速仲裁规则》的先进经验,在立法层面继续支持快速程序的完善,推动仲裁规则精细化与个性化发展。

Improving the withdrawal mechanism is an objective requirement to ensure the integrity and flexibility of expedited procedure,and it is also conducive to improving the arbitration efficiency and resolving disputes properly.The UNCITRAL Expedited Arbitration Rules set up three different approaches to withdrawal,and specified the connection between the expedited procedure and the ordinary procedure in detail.The conditions to withdrawal stipulated in the UNCITRAL Expedited Arbitration Rules not only are related to the conditions of the expedited procedure,but also are linked to the extension of time period for rendering award.Although the UNCITRAL Expedited Arbitration Rules have accurately positioned the expedited procedure and improved the withdrawal mechanism,which helps to promote the development of other arbitration rules,there are also several inherent defects and potential risks in the composition of the arbitration tribunal and the initiation subject of the exit mechanism.China should draw on the advanced experience of the UNCITRAL Expedited Arbitration Rules,continue to support the improvement of expedited procedure at the legislative level,promote sophisticated and individual development of arbitration rules.