On 30 October 2017, the ICC revised its “Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration” to clarify that tribunals have the power to determine “manifestly unmeritorious claims or defenses” on an expedited basis. This is a further step that the ICC has taken to provide greater flexibility and efficiency in resolving less complex claims, and reflects the progress made by the major arbitral institutions in ensuring that arbitration remains a convenient forum for resolving a broad range of disputes.
The key, however, will be whether tribunals feel sufficiently emboldened by the recent developments in arbitration rules to exercise their powers to make summary determinations.
