Preliminary Determinations – Path to Efficiency OR Treacherous Shortcut?

Preliminary determinations provide a potential mechanism to streamline proceedings, but should be used with caution. This article by Duncan Speller and Francis Hornyold-Strickland, published by the Kluwer Arbitration Blog, 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 preliminary determinations in international arbitration. Third, it offers non-exhaustive guidelines as to their possible use. Fourth, it compares preliminary determinations to the other procedures that can also help to streamline cases.