Fast-Track Arbitration and its Current Practices


Aydogmus A. Y.

PUBLIC AND PRIVATE INTERNATIONAL LAW BULLETIN, cilt.41, sa.1, ss.287-327, 2021 (ESCI) identifier identifier

Özet

The long duration of trials before a national court and their high costs are two of the main reasons for the emergence of arbitration. Arbitration helps to conduct shorter and cheaper trials and provides an opportunity for a trial to be conducted by experts according to the will of the parties involved. Therefore, arbitration is extremely important in settling commercial disputes that may last for a long time. However, over time, because of the growing interest regarding arbitration and the nature of the disputes filed before arbitration, trials that undergo arbitration started consuming more time with high costs. To address such a predicament, the concept of fast-track arbitration emerged, having simplified procedures and prompt conduction. Therefore, the first chapter of this study will present an examination of the concept of fast-track arbitration and its advantages and disadvantages. In the second chapter, the researchers will explain the distinctive properties of fast-track arbitration, taking into consideration the regulations in comparative law. Here, the perspective and general principles of fast-track arbitration regulated by arbitration institutions in Europe, America, and Asia will be explained in detail. Finally, the researcher will evaluate the relationship between the general principles of arbitration and the suitability of fast-track arbitration to such principles.