Summary Dismissal in Arbitration
A Need for Reform to the Arbitration Act 1996?
DOI:
https://doi.org/10.14296/ac.v4i3.5626Abstract
This article considers the United Kingdom Law Commission’s recent proposal to amend the Arbitration Act 1996 so as to expressly empower arbitral tribunals to make orders for summary dismissal of meritless claims/defences (among several other reforms to the Act). Noting the summary dismissal procedures available in the English courts and the provisions for summary dismissal now included in the procedural rules of the major arbitral institutions, this article concludes that such an amendment to the 1996 Act would be a very welcome development, promoting efficiency in London-seated arbitration and thereby further securing London’s position as one of the most popular seats of arbitration.
Keywords: summary dismissal; summary judgment; Arbitration Act 1996.
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