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6 Expedited Proceedings: (SIAC RULE 5)

John Choong

From: A Guide to the SIAC Arbitration Rules (2nd Edition)

John Choong, Mark Mangan, Nicholas Lingard

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 February 2024

Arbitration — Expedited procedure — Costs and expenses

One of the criticisms against international arbitration is its occasional failure to live up to its potential for the expeditious resolution of disputes. Indeed, there is a tension at the core of modern international arbitration. On the one hand, parties seek speedy, cost-efficient, and final dispute resolution; while on the other hand, the absence of an appeal mechanism for arbitral awards generates a perceived need for exhaustive analysis of every fact and conceivable argument and for the retention of the ‘best’ (and therefore the busiest) lawyers and arbitrators, creating an attendant risk of ever-longer and more expensive arbitration proceedings. This chapter discusses the SIAC's rules designed to achieve expedition and cost-efficiency in all cases. These include Rule 5.1 on circumstances in which the expedited procedure may be appropriate, and Rule 5.2 covering the SIAC expedited procedure.

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