Summary Procedure under the SCC Arbitration Rules - BCDR International Arbitration Review View Summary Procedure under the SCC Arbitration Rules by - BCDR International Arbitration Review Summary Procedure under the SCC Arbitration Rules 8 2

As summary procedure has become an increasingly emergent feature of international arbitration, it has simultaneously given rise to numerous questions regarding its use and application.While the specifics of the procedure vary across the arbitration institutes which have now expressly incorporated this procedure, its essence is that certain issues of fact or law may be decided on a preliminary basis. In other words, summary procedure allows the arbitral tribunal to dismiss claims on the merits without conducting a full arbitration. It stands to reason that such a procedure could have benefits from the point of view of efficiency – arguably one of the most fundamental aspects of arbitration – but it has been questioned to what extent it is consistent with other fundamental considerations in arbitration, such as the right to be heard. Such questions with respect to this largely unused procedure are only few of many more which have been recognized in international arbitration discourse in recent years.This article constitutes our contribution to this discourse by focusing on the summary procedure under the SCC Arbitration Rules adopted in 2017 while viewing it in its proper international context.

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