Emergency arbitration and the appointment of emergency arbitrators under institutional arbitration rules
Emergency arbitration and the appointment of emergency arbitrators under institutional arbitration rules

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • Emergency arbitration and the appointment of emergency arbitrators under institutional arbitration rules
  • What is emergency arbitration?
  • Emergency arbitration under the ICC Rules (2017)
  • Emergency arbitration under the SCC Rules (2017)
  • Emergency arbitration under the LCIA Rules (2014)
  • Emergency arbitration under the CIETAC Rules (2015)
  • Emergency arbitration under the ICDR Rules (2014)
  • What test will the emergency arbitrator apply?
  • Enforcement of emergency arbitrator awards
  • Choice between emergency arbitration and emergency relief from the courts of the seat of the arbitration
  • more

What is emergency arbitration?

In general terms, emergency relief in arbitration proceedings can usually only be ordered once the arbitral tribunal has been constituted. This leaves a period of time prior to the constitution of the tribunal where a party may require emergency relief but find it difficult to obtain that relief in arbitration, eg where the other party seeks to dispose of assets or move money across jurisdictions before the arbitral tribunal has been constituted. In such circumstances, parties may consider that their only option is to apply to court for the required relief (where it is available). For guidance on the availability of interim and emergency measures in the courts at key seats of arbitration, see: Interim and emergency measures—overview and AA 1996—interim and emergency measures—arbitration—England and Wales—overview.

However, many of the major institutional arbitration rules now include provisions for the appointment of an emergency arbitrator prior to the constitution of the arbitral tribunal to address this potential pitfall. In such cases, the parties apply to a rapidly appointed ‘emergency’ arbitrator who will determine on an expedited basis a party’s claim for emergency interim relief, with the relief then reconsidered subsequently by the arbitral tribunal after it is constituted.

There are detailed provisions for the appointment of emergency arbitrators in, for example, the 2017 International Chamber of Commerce (ICC)