UNCITRAL Expedites Arbitration

The latest determination made by the United Nations Commission on International Trade Law (UNCITRAL) - Dispute Settlement Working Group II, is working on guidance notes for Expedited Arbitration Rules.

As a delegate of the Hong Kong Mediation Centre (HKMC), I have become a part of the United Nations Commission on International Trade Law (UNCITRAL) Dispute Settlement Working Group from 10-14 October 2022 at the Vienna International Centre.

It is a privilege to work alongside distinguished delegates and practitioners from over 60 states, our working group Chair from Chile and Secretariats of the UNCITRAL. What I am most impressed with is how all nations are treated equally and we are all invited to participate in the discussions.

What is Arbitration?

You may be aware that arbitration is a process of having an impartial 3rd party act as a decision-maker for disputants as an alternative to filing a lawsuit in court. To make arbitration efficient while maintaining fairness and due process, our working group proposed a new set of Guidance Notes for the "Expedited Rules" regarding early dismissals during an arbitration proceeding.

On Days 1 and 2, our UNCITRAL working group deliberated a set of new guidance notes to enable disputing parties and/or their arbitrator to dismiss a claim or a defence that is manifestly without merit. This means claims or defences can be dismissed at an early stage in the arbitration to save time and resources in the future.

The rest of this week will be dedicated to discussing a fast-tracking mechanism for resolving technology-related disputes.

Our Working Papers can be found on the UNCITRAL Website below.

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