Exploring the New SIAC Rules for Early Dismissal of Claims and Defences
The 2016 version of the SIAC rules, for the first time, contains specific rules governing the Early Dismissal of Claims and Defences. These rules hold tremendous promise for streamlining arbitration proceedings in appropriate cases, resulting in earlier determinations and significant cost savings. The mock arbitration event will explore practical application of this innovative new procedure, and will involve a mock scenario that will highlight the potential utility of the procedure in appropriate cases. The scenario involves potentially determinative legal issues serving as the basis for an application for early dismissal of asserted defenses.
During the session, a mock arbitral tribunal will be empaneled to hear arguments by an advocate for the claimant favoring dismissal of the defenses under the new procedure, and by an advocate for the respondent opposing dismissal and in favor of proceeding to a full hearing. The role of the advocates will be played by Morrison & Foerster attorneys, while the mock arbitration tribunal will include experienced arbitration practitioners or arbitrators. A representative of SIAC will introduce the new rules and conclude with comments on the session.