Early Dismissal

Case Management, Consolidation, Early Dismissal, Emergency Arbitrator, Expedited Proceedings, Preliminary Ruling, SIAC

(JSA, Advocates & Solicitors) and / /Leave a comment

On 22 August 2023, the Singapore International Arbitration Centre (“SIAC”) published the Draft 7th Edition of the SIAC Rules (the “Draft Rules”) for public consultation. The Draft Rules introduce several noteworthy changes as part of a concerted effort to “raise the bar on efficiency, expedition, and cost-effectiveness” (see SIAC Registrar’s Report). The public consultation period…

Arbitration Institutions and Rules, Early Determination, Early Dismissal, Efficiency

(Peter & Kim) and (BPP Law School)/ /Leave a comment

The practice of early determination, already customary to common law, has increasingly gained ground in investment and commercial arbitration, being introduced to various arbitration rules. It aims to enhance efficiency by narrowing the issues in dispute or rejecting the whole claim at an early stage, saving both time and cost in a proceeding. In practice,…

Arbitration, Arbitration Institutions and Rules, Early Determination, Early Dismissal, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

(University of Oslo)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Introducing a regulation of early determination in the context of expedited proceedings, highlights a series conflicting interests. Therefore, the UNCITRAL Working Group II on dispute resolution has not yet taken a final position on whether such a regulation should be inserted in the context of expedited arbitration, or whether it should rather be considered as…

Arbitration, Early Dismissal, SIAC

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Introduction Rule 29 of the 2016 SIAC Rules (“SIAC Rules”) introduced a procedure for enabling an ‘early’ dismissal of claims and defences. Rule 29 is akin to summary judgment and striking out in common law courts. It is aimed at allowing a tribunal to dismiss patently unmeritorious claims and defences without having to conduct full-fledged…