Dispositive Motions in International Arbitration and the Role of U.S. Courts

Abstract

In search of solutions to perceived problems of increasing cost and delay, the international arbitration community has turned its attention to the possibility of greater use of summary disposition of arbitration claims without full merits hearings. Applications for summary disposition-what an American lawyer might call dispositive motions-appear to be increasing, and this presents the question of what standard arbitrators and United States (U.S.) courts should apply to such motions and to challenges to arbitrators' awards granting them. The language of international arbitration conventions and U.S. statutes has been cited in support of the argument that there is a right to a “full” evidentiary hearing that may permit one party to block any summary disposition. Use of judicial summary judgment standards also would move away from harmonization of law internationally under the New York Convention. Keywords:dispositive motions; international arbitration; United States (U.S.) courts