التحكيم المعجل : اتجاه جديد في قواعد الأونسيترال لعام 2021 : دراسة مقارنة

الملخص EN

The idea of expedited arbitration is manifested in the conduct of the arbitration process in a way that takes into account simplicity and speed in the procedural aspects of the arbitration process to reach a final arbitral award in an effective way that contributes to reducing the duration and cost.

This study results in many problems, the most important of which are : the potential threat of the principle of the authority of the will of the parties to resort to expedited arbitration, the conflict between the arbitration agreement and the rules of expedited arbitration, and the lack of certainty about the feasibility of shortening time frames in reducing expenses and expenses.

This study came to research expedited arbitration as an innovative route adopted by the UNCITRAL Arbitration Rules 2021, to try to clarify the facts about this route and its effectiveness.

The study concluded that the approach adopted by the UNCITRAL Rules to expedited arbitration constitutes a true core of this exceptional path, and has been unique from any institutional rules that included provisions for expedited arbitration by enshrining the principle of parties autonomy.

One of the most important recommendations is to examine the possibility of adopting expedited arbitration rules in national legislation in view of the nature and value of disputes considered in the framework of national arbitration, which are all simple and uncomplicated disputes as are disputes in the international context.