Young ICCA Debate: The Use of Summary Proceedings in International Arbitration

Presentation

In response to calls for increased efficiency, many of the leading arbitral institutions have introduced procedures designed to allow parties and arbitrators to dispose of non-meritorious claims and defenses at an early stage of the proceedings, in summary fashion. In circumstances where a party has advanced an undeveloped claim or defense or worse—raised frivolous arguments as a guerilla tactic—summary disposition procedures can significantly shorten the duration of the dispute and promote a just and fair outcome. Statistics suggest, however, that parties infrequently call upon such procedures—and when they do, arbitrators are often reluctant to grant the relief requested. This reflects some of the concerns about summary disposition procedures, including that they may deny the parties due process, and begs the question: are summary disposition procedures underused in international arbitration, or is the due process paranoia justified? Our debaters will explore this question, taking into account both the potential benefits of summary disposition procedures, as well as the potential risks.