Section 39A of the English Arbitration Act 1996: Efficiency or Overreach? A Critical Analysis

The insertion of Section 39A under the English Arbitration Act 19961 gives an inherent vested power in tribunals for summary judgment. It is the first time the tribunals have been expressly granted jurisdiction to determine claims and defences on a summary basis, which can bring both strategic advantage and procedural complexity for parties. Before the […]