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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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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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