Article 23—Early Disposition

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ID: 317828
2026
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Abstract
Abstract This chapter assesses Article 23 of the ICDR Rules, which was introduced with the 2021 revisions. Article 23 codifies the availability of early disposition procedures and provides clear criteria and process safeguards, addressing prior hesitancy among arbitrators about due process and enforcement risks. Article 23(1) permits a party to request leave to submit an application for early disposition of ‘any issue presented by any claim or counterclaim in advance of the hearing on the merits’. The tribunal shall allow the application to be filed if it determines that the application: has a reasonable possibility of succeeding; will dispose of, or narrow, one or more issues; and is likely to be more efficient or economical than leaving the issue to the merits. Article 23(2) mandates that each party shall have the right to be heard and a fair opportunity to present its case both on whether the application should be heard and, if permitted, on whether early disposition should be granted. Article 23(3) empowers the tribunal to make any order or award in connection with early disposition it deems necessary or appropriate and requires the tribunal to provide reasoning for any award.
Reference Key
openalex_W7165118444 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Martin F Gusy, James M Hosking, G.I. Walters
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780197848012.003.0024
URL
https://doi.org/10.1093/law/9780197848012.003.0024
Keywords Keywords not found

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