As addressed in a previous briefing, one of the most significant developments in the latest Rules of Arbitration of the London Court of International Arbitration (LCIA) that took effect on 1 October 2020 (the LCIA Rules 2020) was the introduction of an early determination procedure.
This procedure gives tribunals the power to determine that any claim, defence, counterclaim, cross-claim, defence to counterclaim or defence to cross-claim is manifestly outside the jurisdiction of the tribunal, or is inadmissible or "manifestly without merit"; and where appropriate to issue an order or award to that effect (an Early Determination). An Early Determination may be made upon the application of a party, and after giving the parties a reasonable opportunity to state their views (Art. 22.1(viii)).
This briefing provides an update and commentary on the Early Determination process under the LCIA Rules 2020.