SIAC Arb SIAC Arbitration Rules (2025)
SIAC Arb
SIAC Arbitration Rules (2025)
46.1 A party may apply to the Tribunal for a final and binding preliminary determination of any issue that arises for determination in the arbitration where:
(a) the parties agree that the Tribunal may determine such an issue on a preliminary basis;
(b) the applicant is able to demonstrate that the determination of the issue on a preliminary basis is likely to contribute to savings of time and costs and a more efficient and expeditious resolution of the dispute; or
(c) the circumstances of the case otherwise warrant the determination of the issue on a preliminary basis.
46.2 An application for preliminary determination under Rule 46.1 shall state the facts and legal basis supporting the application.
46.3 The Tribunal shall, after giving the parties the opportunity to be heard, decide whether to proceed with the application for preliminary determination.
46.4 If the application for preliminary determination is allowed to proceed, the Tribunal shall:
(a) determine the procedure for making such preliminary determination, having regard to the circumstances of the case and the need to provide the parties a reasonable opportunity to present their cases; and
(b) make a decision, ruling, order, or award on the application, with reasons which may be in summary form, within 90 days from the date of filing of the application, unless the Registrar extends the time.
46.5 Nothing in this Rule 46 shall limit the Tribunal’s inherent powers to direct a preliminary determination of any issue that arises for determination in the arbitration.
Imported: