Early Determination

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

(Peter & Kim) and (Herbert Smith Freehills)/ /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,…

Bias, Canada, CanArb Week, Confidentiality, Confidentiality and Transparency, Diversity, Early Determination, Efficiency, Third party funding

, (McCarthy Tétrault LLP)/ /Leave a comment

Canadian Arbitration Week ran online from September 20 – 24, 2021 under the theme of adaptation and acceleration.  A timely focus as the pandemic continues to accelerate sweeping changes in the legal world. The 2021 YCAP Fall Symposium titled “New World, New Rules” took place on September 23 and addressed the theme in a session…

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 institution, Arbitration Institutions and Rules, Early Determination, Efficiency, Enforceability, LCIA Arbitration, LCIA Rules, Virtual hearings

(Enyo Law LLP)/ /Leave a comment

On 11 August 2020 the LCIA unveiled the long-awaited update to its Arbitration Rules (the 2020 Rules). The 2020 Rules will become effective on 1 October 2020 and will apply to arbitrations commenced from that date onwards. They will supersede the 2014 edition of the LCIA Arbitration Rules (the 2014 Rules). The 2020 Rules introduce…

Arbitration Institutions and Rules, Early Determination, Financial Services Arbitration, LCIA Arbitration, Summary procedure

, (Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

In 2018, financial services disputes accounted for the largest share of disputes referred to the London Court of International Arbitration (LCIA). With indications that the LCIA may adopt a form of summary dismissal procedure in its revised Arbitration Rules this autumn, the LCIA could become an even more important forum for banking and financial services…

Arbitration Institutions and Rules, Astana International Financial Centre, Early Determination, Enforcement, Institutional Arbitration, Kazakhstan, Overriding Objective

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

A focus on the AIFC Arbitration and Mediation Rules 2018 and improvement to enforcement of arbitral awards in Kazakhstan Introduction to the AIFC The Astana International Financial Centre (AIFC) is a financial hub in Kazakhstan that came into operation this year. The purpose of the AIFC is to establish itself as a key centre for…