header-logo header-logo

23 January 2026 / Gustavo Moser
Issue: 8146 / Categories: Features , Procedure & practice , Arbitration , ADR , International
printer mail-detail

Early determination: an appetite for efficiency

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll