Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The danger, Moser cautions, is ‘due process paranoia’ at one extreme and enforceability risks at the other. Successful early determination depends on disciplined use: targeting discrete legal issues, ensuring both sides are heard, and recording why proportionality is satisfied. Institutions from Singapore to New York are converging on this model, signalling confidence that speed and justice need not conflict.
Used well, early determination can save time, cost and credibility. Used badly, it invites challenge. The message is clear: efficiency must never outrun fairness.
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