Preliminary determinations provide a potential mechanism to streamline proceedings, but should be used with caution.  This article examines the increased attention given to preliminary determinations in international arbitration.  First, it explains what preliminary determinations are and how they differ from summary judgment procedures.  Second, it examines the change in recent years, in the use of…

The much-awaited decision of the European Court of Justice (“ECJ”) in Allianz SpA v. West Tankers Inc, Case C-185/07 in February this year has focused renewed attention on the remedies available to a party confronted with court proceedings commenced in another jurisdiction in breach of an agreement to arbitrate. Now that the possibility of seeking…