NEWSLETTER-2017
147 ARBITRATION LAW these provisions aim to ensure efficiency, they should find a balance between the parties’ will and their fundamental procedural rights. Finally, the reasoning of the awards is one of the elements that should not be undermined in order to ensure an expeditious procedure. The reasoning of the award is crucial, which permits the parties to grasp the reasoning behind the award, and also, which enables them to make use of their rights pertaining to challenging of the award, and to resist its enforcement. In that vein, it could be possible to shorten the reasoning of the award, but not providing any reasoning on the award is not preferable. As an example, concerning ICC arbitrations, the Notes clarify that the award under the expedited procedure shall also be reasoned. Some sections of the award, whether factual or proce- dural, may be limited to what the arbitrators consider to be necessary for the understanding of the award, but the award cannot be deprived of reasoning. Conclusion Expedited procedure rules have been adopted under many insti- tutional arbitration rules, in order to offer a more efficient resolution of disputes. For the sake of resolving the disputes in a time and cost- efficient manner, expedited procedure rules provide specific provi- sions that differ from the usual arbitration proceedings. However, these provisions should not be overreaching and contradicting the party agreement, which is the basis of arbitration proceedings as a dispute resolution mechanism. Also, it is important to ensure the par- ties’ fundamental procedural rights.
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