SIAC Arb 2016 SIAC Arbitration Rules (2016)
SIAC Arb 2016
SIAC Arbitration Rules (2016)
29.1 A party may apply to the Tribunal for the early dismissal of a claim or defence on the basis that:
a. a claim or defence is manifestly without legal merit; or
b. a claim or defence is manifestly outside the jurisdiction of the Tribunal.
29.2 An application for the early dismissal of a claim or defence under Rule 29.1 shall state in detail the facts and legal basis supporting the application. The party applying for early dismissal shall, at the same time as it files the application with the Tribunal, send a copy of the application to the other party, and shall notify the Tribunal that it has done so, specifying the mode of service employed and the date of service.
29.3 The Tribunal may, in its discretion, allow the application for the early dismissal of a claim or defence under Rule 29.1 to proceed. If the application is allowed to proceed, the Tribunal shall, after giving the parties the opportunity to be heard, decide whether to grant, in whole or in part, the application for early dismissal under Rule 29.1.
29.4 If the application is allowed to proceed, the Tribunal shall make an order or Award on the application, with reasons, which may be in summary form. The order or Award shall be made within 60 days of the date of filing of the application, unless, in exceptional circumstances, the Registrar extends the time.
Import: