What is a motion for summary judgment and when can it be used in international litigation?

A motion for summary judgment is a tool used in international litigation to decide a case without going to trial. It is when a party in the dispute requests the court to decide in their favor based on facts presented in the case that are undisputed. In essence, the court determines that there is no need for a trial because the evidence is so clear that going to trial would not change the outcome. In international litigation, motions for summary judgment are beneficial as they allow one party to quickly and efficiently obtain a ruling on their case without a lengthy trial process. However, one must be careful when using this method, as motions for summary judgment can easily be abused by one party trying to take advantage of the other. For a motion for summary judgment to be successful, the requesting party must present evidence that there is no genuine dispute about any material facts. This means that the facts must be undisputed and that they need to support the motion for summary judgment. The court then examines the facts and legal arguments presented and decides on whether the motion should be granted or denied. In international litigation, motions for summary judgment are useful in cases where the facts are undisputed and where there is a clear legal basis for the decision. Additionally, motions for summary judgment are often used as a way to speed up the litigation process and to avoid a costly trial process.

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