International arbitration procedure: dispositive relief

There has been a recent uptick in the filing of dispositive/summary motions in international arbitration proceedings, in both the commercial and investor-State context. Many practitioners and arbitrators have welcomed the development and have argued that dispositive motions should play a more prominent role in the field in order to save on time and costs associated with defending claims manifestly devoid of merit. Almost every arbitral institution has now introduced rules providing arbitrators with the authority to make early determinations on cases or issues; however, tribunals have been cautious in granting such relief. This talk will explore the various rules addressing summary disposition and will discuss how the COVID-19 pandemic and surrounding circumstances necessitating the need for time and cost-efficient proceedings may have increased the acceptability of such approaches to arbitration.

Christina Hioureas is a Partner in International Litigation & Arbitration at Foley Hoag LLP and is Chair of the firm’s United Nations Practice Group, a group which she co-founded. Hioureas acts as counsel and arbitrator in international commercial arbitration (ICC, ICDR,AAA, Swiss Rules, LCIA, UNCITRAL), investment arbitration (UNCITRAL, ICSID), and mediated disputes (ICC Dispute Resolution Board). She also represents States in public international law disputes and advises States on matters before the United Nations and its bodies. Hioureas is an elected Term Member to the Council on Foreign Relations as a Term Member and the Executive Council of the American Society of International Law. Hioureas has received recognition in publications including Chambers Global – Public International Law, Chambers USA – Arbitrators, Global Arbitration Review - Who’s Who International Arbitration, and Legal 500.