Tag: Part VII — PRELIMINARY DETERMINATION AND EARLY DISMISSAL

19.1 The Tribunal may, on its own initiative or on the application of a party, determine any issue on a preliminary basis where determination of that issue is likely to:

19.1.1 materially narrow the scope of the arbitration; 19.1.2 dispose of a claim or defence in whole or in part; 19.1.3 expedite final resolution; or 19.1.4 promote the just, efficient, and cost-effective resolution of the dispute.

19.2 Suitable issues include jurisdiction, limitation, threshold contractual interpretation, waiver, release, and privity.

20.1 A party may apply, at any time before the close of pleadings, for the early dismissal of a claim or defence on the ground that:

20.1.1 it is manifestly without legal merit; 20.1.2 it is manifestly outside the jurisdiction of the Tribunal; or 20.1.3 it is manifestly inadmissible.

20.2 The application shall be made in writing with brief reasons and shall not exceed ten (10) pages.

20.3 The Tribunal shall, within fifteen (15) days of receipt, decide whether to allow the application to proceed. If allowed, the Tribunal shall issue a reasoned decision on the application within forty-five (45) days of the application.

20.4 A decision of early dismissal may be rendered as an award on agreed terms or as an interim or partial award, as the Tribunal considers appropriate. It shall be final and binding on the parties in respect of the matters decided.

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