快速仲裁的正当程序检视

Due Process Inspection for Expedited Arbitration

作为提高国际商事仲裁效率的创新,快速仲裁对程序的关键方面作出了简化,例如限制书面证据材料数量与范围的提出。同时,正当程序要求当事人享有平等待遇以及陈述的权利和合理机会。伴随着快仲裁吸引力的提高,其简化程序措施是否符合正当程序的要求,引发了当事人对仲裁裁决得不到承认与执行的担忧。因此,快速仲裁在追求效率的同时,也需要符合正当程序要求,在效率与正当程序之间取得平衡。

As an innovation to improve the efficiency of international commercial arbitration,expedited arbitration simplifies key aspects of the procedure,such as limiting the amount and scope of documentary evidence.At the same time,due process requires the parties to enjoy equal treatment as well as the right to make statements and reasonable opportunities.With the increase in the attractiveness of fast arbitration,whether its simplified procedure measures meet the requirements of due process has aroused the concerns of the parties that the arbitration award will not be recognized and enforced.Therefore,while pursuing efficiency,expedited arbitration also needs to meet the requirements of due process and strike a balance between efficiency and due process.