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ARTICLE · 05 JUNE 2020

The Impact Of Summary Disposition On International Arbitration: A Quantitative Analysis

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By now, the arguments for and against the adoption of summary disposition rules in international commercial arbitration are familiar.

United StatesLitigation, Mediation & Arbitration
B. Ted Howes
B. Ted Howes
Allison M. Stowell
Allison M. Stowell
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By now, the arguments for and against the adoption of summary disposition rules in international commercial arbitration are familiar. Proponents of summary disposition, largely from the U.S. and other common-law jurisdictions, argue that it will reduce the length and cost of international arbitration by providing parties with the means to dispose of meritless claims and defenses early in the dispute resolution process. Proponents argue that even when a summary disposition application is unsuccessful, it nonetheless encourages settlement by focusing the parties and the tribunal on potentially dispositive issues, or at least on factually or legally specious claims.

Opponents of summary disposition, largely from civil-law jurisdictions, counter that parties will turn the procedural tool into a vehicle of harassment and delay, producing groundless summary disposition applications and adding another rote procedural step to the arbitral process. Opponents also contend

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