Abstract

Globally, expedited arbitration, with its advantages in terms of speed and cost efficiency, is regarded as an efficient dispute resolution procedure capable of addressing the shortcomings of regular arbitration procedures. However, it entails significant legal risks, as it is difficult to reconcile the objective of procedural efficiency with the requirement of procedural legality. The most notable of these legal risks is the one that an arbitral award may be set aside or denied recognition and enforcement for failure to comply with due process requirements. This article analyzes the legal risks associated with the use of expedited arbitration based on three grounds commonly invoked to seek the setting aside or refusal of recognition and enforcement of arbitral awards. Building on this analysis, the study proposes several measures to mitigate such risks, primarily by recommending that arbitral institutions and arbitrators exercise caution in drafting procedural rules and applying arbitral procedures to ensure procedural legality. To achieve its research objectives, the article employs a comparative analysis of expedited arbitration rules adopted by several arbitration institutions in Vietnam and internationally, combined with a case study approach to examine cases in which arbitral awards have been set aside or denied recognition and enforcement due to violations of due process.