In 2017, the SCC Arbitration Institute took a leap forward by introducing the summary procedure into its arbitration rules. In a new Practice Note, SCC Intern Yi Ting Sam and Legal Counsel Jake Lowther have analysed the summary procedure decisions in SCC cases from 2017 to 2022.
The summary procedure, a strategic case management tool, amplifies the Arbitral Tribunal's authority to tackle specific issues. This innovative mechanism changed the landscape, providing all parties to a SCC arbitration the ability to swiftly address specific issues of fact or law. It also serves as a deterrent against manifestly inadmissible or abusive claims in SCC arbitrations.
To grant a request for the summary procedure, the Arbitral Tribunal engages in a meticulous evaluation, considering its potential to contribute to a more efficient and expeditious resolution of disputes. Recent jurisprudence highlights the Arbitral Tribunal's commitment to a rigorous standard, emphasizing key considerations like the suitability of the issue for summary procedure.
The summary procedure mechanism within the SCC Rules emerges as a potent tool, perfectly aligning with the SCC's steadfast commitment to efficiency and expeditiousness in the realm of arbitration.