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The Emergence of Early Disposition Procedures in International Arbitration

The Emergence of Early Disposition Procedures in International Arbitration International arbitral institutions have begun adding early disposition procedures to their rules. This began as a trickle in 2006 when the ICDR became the first institution to add an early disposition rule. It has turned into a flood, with seven major institutions adding procedures in the past five years. There are important differences among the early disposition procedures adopted by various institutions, but those procedures share certain characteristics. They generally impose a high standard of review that must be satisfied to obtain early disposition. Further, many institutions’ procedures are limited in the types of issues that can be raised and the time within which an application for early disposition must be made and disposed of. The absence of early disposition procedures has long been a weakness of international arbitration. The advent of these procedures is one of the most significant shifts in international arbitration procedure in recent memory. This article charts the emergence to early disposition procedures and the arguments for and against them. It reviews the procedures adopted to date and compares them with one another. Finally, it concludes with some reflections on current early disposition procedures and ideas for their further development. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration International Oxford University Press

The Emergence of Early Disposition Procedures in International Arbitration

Arbitration International , Volume 37 (4): 16 – Sep 27, 2021

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Publisher
Oxford University Press
Copyright
© The Author(s) 2021. Published by Oxford University Press on behalf of the London Court of International Arbitration. For permissions, please email: journals.permissions@oup.com
ISSN
0957-0411
eISSN
1875-8398
DOI
10.1093/arbint/aiab034
Publisher site
See Article on Publisher Site

Abstract

International arbitral institutions have begun adding early disposition procedures to their rules. This began as a trickle in 2006 when the ICDR became the first institution to add an early disposition rule. It has turned into a flood, with seven major institutions adding procedures in the past five years. There are important differences among the early disposition procedures adopted by various institutions, but those procedures share certain characteristics. They generally impose a high standard of review that must be satisfied to obtain early disposition. Further, many institutions’ procedures are limited in the types of issues that can be raised and the time within which an application for early disposition must be made and disposed of. The absence of early disposition procedures has long been a weakness of international arbitration. The advent of these procedures is one of the most significant shifts in international arbitration procedure in recent memory. This article charts the emergence to early disposition procedures and the arguments for and against them. It reviews the procedures adopted to date and compares them with one another. Finally, it concludes with some reflections on current early disposition procedures and ideas for their further development.

Journal

Arbitration InternationalOxford University Press

Published: Sep 27, 2021

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