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Quick or Summary Arbitral Procedure to Dismiss Unmeritorious Claims

Following SIA and SCC, even ICC has emphasized in its Notes on the Conduct of Arbitration under the ICC Rules that arbitral tribunals have the authority to determine “manifestly unmeritorious claims or defenses on an expedite basis”.

This is the result of its construction of Art. 22 of its Rules which provides that the arbitral tribunal and the parties shall make every effort to conduct arbitration in an expeditious and cost effective manner.

It remains to be seen whether the definition “summary”, which was given by SIAC, SI and ICC to such proceedings, is accurate or it conveys a feeling of summary justice which is not necessarily a synonym of quick”.

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