Summary Disposition Clause Samples
The Summary Disposition clause allows a court or arbitral tribunal to resolve certain claims or issues without a full hearing when there is no genuine dispute of material fact. In practice, this means that if one party believes the other’s claim or defense is clearly unfounded or lacks sufficient evidence, they can request a summary decision based on written submissions and supporting documents. This clause streamlines proceedings by enabling early dismissal of weak or unsubstantiated claims, thereby saving time and resources for both parties.
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Summary Disposition. The procedures for arbitration of a dispute shall provide a means for summary disposition of a demand for arbitration, or a response to a demand for arbitration, that in the reasoned opinion of the arbitrator does not have a good faith basis in either law or fact. If the arbitrator determines that a demand for arbitration or response to a demand for arbitration does not have a good faith basis in either law or fact, the arbitrator shall have discretion to award the costs of the time, expenses, and other charges of the arbitrator to the prevailing party. A determination made under this Section is subject to appeal pursuant to Section 1.6.
Summary Disposition. Notwithstanding any other provision of these rules, the court (other than a magistrate judge) may summarily punish a person who commits criminal contempt in its presence if the judge saw or heard the con- temptuous conduct and so certifies; a mag- istrate judge may summarily punish a person as provided in 28 U.S.C. § 636(e). The contempt order must recite the facts, be signed by the judge, and be filed with the clerk. (As amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 The rule-making power of the Supreme Court with re- spect to criminal proceedings was extended to proceed- ings to punish for criminal contempt of court by the Act of November 21, 1941 (55 Stat. 779), 18 U.S.C. 689. Note to Subdivision (a). This rule is substantially a re- statement of existing law, Ex parte ▇▇▇▇▇, 128 U.S. 289; ▇▇▇▇▇ v. United States, 267 U.S. 517, 534.
Summary Disposition. The arbitrator(s) shall dispose in a summary manner a statement of claim, response to a statement of claim, counterclaim, demand for arbitration or a response to a demand for arbitration that in the reasoned opinion of the arbitrator(s) does not have a good faith basis in either law or fact. If the arbitrator(s) make a determination that there is no good faith basis in either law or fact, the arbitrator(s) shall have discretion to award the costs of the time, expenses, and other charges of the arbitrator(s) to the prevailing party. A determination made under this Section (a) may be made any time after the review and consideration by the arbitrator(s) of the parties' briefs, which may be before a hearing is held on the matter and (b) is subject to appeal under the Tariff.
Summary Disposition. The arbitrator(s) shall dispose in a sununary manner a statement of claim, response to a statement of claim, counterclaim, demand for arbitration or a response to a demand for arbitration that in the reasoned opinion of the arbitrator(s) does not have a good faith basis in either law or fact. If the arbitrator(s) make a determination that there is no good faith basis in either law or fact, the arbitrator(s) shall have discretion to award the costs of the time, expenses, and other charges of the arbitrator(s) to the prevailing party. A determination made under this Section (a) may be made any time after the review and consideration by the arbitrator(s) of the parties' briefs, which may be before a hearing is held on the matter and (b) is subject to appeal under the Tariff.
Summary Disposition. The arbitrators are hereby authorized, if they consider it appropriate, to decide any disputes by summary disposition on the documents and written testimony without hearing oral testimony.
Summary Disposition. Notwithstanding any other provision of these rules, the court (other than a magistrate judge) may summarily punish a person who commits criminal contempt in its presence if the judge saw or heard the con- temptuous conduct and so certifies; a mag- istrate judge may summarily punish a person as TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 162 provided in 28 U.S.C. § 636(e). The contempt order must recite the facts, be signed by the judge, and be filed with the clerk. (As amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 The rule-making power of the Supreme Court with re- spect to criminal proceedings was extended to proceed- ings to punish for criminal contempt of court by the Act of November 21, 1941 (55 Stat. 779), 18 U.S.C. 689. statement of existing law, Ex parte ▇▇▇▇▇, 128 U.S. 289;