---
title: "Apply for early dismissal of a claim, defence or counterclaim"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/apply-for-early-dismissal-of-a-claim-defence-or-counterclaim"
type: "task"
site: "AI Law Framework"
id: "A6-OC20261022-11"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Apply for early dismissal of a claim, defence or counterclaim

> From the notice of arbitration and the pleadings, list the claim, defence or counterclaim the application would target and the procedural step already reached.…

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/apply-for-early-dismissal-of-a-claim-defence-or-counterclaim  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the notice of arbitration and the pleadings, list the claim, defence or counterclaim the application would target and the procedural step already reached. The tool does not write the application and does not invent a legal test. |
| What the lawyer must review | The lawyer decides whether an application is worth making, which claim it targets, and writes it. The article states the power and does not state a threshold. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: From the notice of arbitration and the pleadings, list the claim, defence or counterclaim the application would target and the procedural step already reached. The tool does not write the application and does not invent a legal test.
- What the lawyer does: The lawyer decides whether an application is worth making, which claim it targets, and writes it. The article states the power and does not state a threshold.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Article 25.7 says the tribunal’s powers include, on the application of any party, making an award that grants early dismissal or termination of any claim, defence or counterclaim.
2. The article does not state a threshold. Do not add a test such as manifest lack of merit unless it is found in a source that has been opened.
3. This is not a jurisdiction objection, an application for interim measures, or an application when a person defaults.
4. Do not assume another institution’s rules contain the same power.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [ACICA Arbitration Rules 2021, Article 25.7](https://acica.org.au/wp-content/uploads/2022/11/ACICA_Rules_2021-WFF7.pdf) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/apply-for-early-dismissal-of-a-claim-defence-or-counterclaim/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
