Summary dismissal in arbitration: Different standards in different rules?

15 Jul 2019

Amidst concerns about the increasing length and cost of commercial arbitration, various arbitral institutions have, in recent years, introduced mechanisms in their rules for the summary dismissal of unmeritorious claims, defences and/or issues of fact and law. Such express mechanisms aim to provide clarity on the extent of the tribunal’s powers, and the applicable procedure, for summary dismissal.

This article examines whether the rules of various arbitral institutions impose different standards for summary dismissal.

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