A Case for Dispositive Motions in International Commercial Arbitration
Caline Mouawad & Elizabeth Silbert
Practitioners and parties have criticized international arbitration in recent years for losing its competitive edge of resolving disputes swiftly. What was once an advantage has now become a source of concern and the impetus for a concerted effort to find a remedy. One remedy that has recently attracted attention is the summary disposition of claims.This article explores the power of arbitrators to hear and rule on dispositive motions, the scope of this power and recommended best practices in its exercise, and the necessary shift in attitudes within the arbitration community to accept and embrace dispositive motions.