SCC Arb SCC Arbitration Rules (2023)
SCC Arb
SCC Arbitration Rules (2023)
(1) A party may request that the Arbitral Tribunal decide one or more issues of fact or law by way of summary procedure, without necessarily taking every procedural step that might otherwise be adopted in the arbitration.
(2) A request for summary procedure may concern issues of jurisdiction, admissibility, or the merits. It may include, for example, an assertion that:
(i) an allegation of fact or law material to the outcome of the case is manifestly unsustainable;
(ii) even if the facts alleged by the other party are assumed to be true, no award could be rendered in favour of that party under the applicable law; or
(iii) any issue of fact or law material to the outcome of the case is, for any other reason, suitable to determination by way of summary procedure.
(3) The request shall specify the grounds relied on and the form of summary procedure proposed and demonstrate that such procedure is efficient and appropriate having regard to all the circumstances of the case.
(4) After providing the other party an opportunity to submit comments, the Arbitral Tribunal shall issue an order either dismissing the request or fixing the summary procedure in the form it deems appropriate.
(5) In determining whether to grant a request for summary procedure, the Arbitral Tribunal shall have regard to all relevant circumstances, including the extent to which the summary procedure contributes to a more efficient and expeditious resolution of the dispute.
(6) If the request for summary procedure is granted, the Arbitral Tribunal shall decide the issues under consideration in an efficient and expeditious manner having regard to the circumstances of the case, while giving each party an equal and reasonable opportunity to present its case pursuant to Article 23 (2).
Quelle: SCC
Import: