United States:
Preliminary Determinations – Path to Efficiency OR Treacherous Shortcut?
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Preliminary determinations provide a potential mechanism to
streamline proceedings, but should be used with caution. This
article by Duncan Speller and Francis Hornyold-Strickland,
published by the Kluwer Arbitration Blog, examines the increased
attention given to preliminary determinations in international
arbitration.
First, it explains what preliminary determinations are and how
they differ from summary judgment procedures. Second, it examines
the change in recent years, in the use of preliminary
determinations in international arbitration. Third, it offers
non-exhaustive guidelines as to their possible use. Fourth, it
compares preliminary determinations to the other procedures that
can also help to streamline cases.
Read the full article.
Originally published by the Kluwer Arbitration Blog
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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