Early dismissal, summary dismissal and strike out in arbitration proceedings


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Arbitration expert
Practice notes

Early dismissal, summary dismissal and strike out in arbitration proceedings


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Arbitration expert

Practice notes
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STOP PRESS: This Practice Note is currently Under Review in light of the new arbitration Act 2025. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force?

This Practice Note considers the issue of whether arbitral tribunals are empowered to strike out, summarily dismiss or expeditiously determine claims (or defences) in arbitration proceedings under English and Welsh law (English and England are used as shorthand throughout) principally pursuant to section 41 of the Arbitration Act 1996 (AA 1996) for inordinate and inexcusable delay/want of prosecution and failure to attend oral hearing or failure to make written submissions, and under the arbitration rules of certain international arbitral institutions.

AA 1996—early dismissal of claims

Under English law, there is no express power for an arbitral tribunal to summarily dismiss or strike out a party's claim or defence in arbitration proceedings on the grounds, for example, that the party's case lacks legal merit.

In this regard, the position of the tribunal in arbitration

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Dismissal definition
What does Dismissal mean?

Where an employer terminates the employment of an employee.

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