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23 January 2026 / Gustavo Moser
Issue: 8146 / Categories: Features , Procedure & practice , Arbitration , ADR , International
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Early determination: an appetite for efficiency

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240519
To gain ground in arbitration, measured early determination is key, writes Gustavo Moser
  • With early determination, tribunals can dismiss plainly hopeless claims or defences efficiently.
  • Recent institutional and legislative reforms codify this power, promoting efficiency while safeguarding fairness.
  • Tribunals must apply it carefully to avoid due-process risks.

Early determination reconciles two arbitral imperatives: efficiency and fairness. It allows tribunals to dispose swiftly of claims or defences that are plainly unsustainable, reducing costs and delay without compromising procedural integrity. Once exceptional, the mechanism is now a regular feature of modern rule sets and legislation.

Institutional & legislative momentum

Arbitral institutions worldwide now expressly empower tribunals to dismiss manifestly unmeritorious or clearly unsustainable claims or defences. The International Centre for Settlement of Investment Disputes introduced this power in 2006 (r 41(5)), later adopted by the Singapore International Arbitration Centre (2016 r 29; 2025 r 47), the Stockholm Chamber of Commerce Arbitration Institute (2017, art 40; 2023, art 39), and Hong Kong International Arbitration Centre (2018

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The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
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As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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