Summary judgment in international arbitrations seated in England

Abstract

International arbitration is sometimes criticised for being inefficient and expensive. The adoption of summary judgment procedures is one way in which the practice of international arbitration might be improved. However, tribunals may be hesitant to adopt summary judgment procedures for fear that they do not have jurisdiction or that the summary award will be unenforceable or set aside. From the perspective of the English jurisdiction, this article discusses the barriers to adopting summary judgment procedures, compares the English position with the US and International Centre for Settlement of Investment Disputes (ICSID) positions, and proposes an approach to summary judgment procedures that could be adopted by tribunals constituted under the supervisory jurisdiction of the English courts.