ICC (2012)—emergency arbitrator proceedings [Archived]

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

  • ICC (2012)—emergency arbitrator proceedings [Archived]
  • ICC 2012 provisions for emergency arbitrator proceedings
  • When to consider using ICC emergency measures
  • Emergency arbitrator proceedings and other interim relief
  • The application for ICC emergency provisions
  • Timing of an application for ICC emergency provisions
  • Submitting the application for emergency arbitrator provisions
  • Copies
  • Costs
  • Appointment of emergency arbitrator and notification
  • More...

ICC (2012)—emergency arbitrator proceedings [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note sets out the emergency arbitration procedure available to parties to an ICC arbitration clause. The provisions for emergency measures were introduced in 2012 International Chamber of Commerce (ICC) Rules of Arbitration (2012 ICC Rules) to enable parties to obtain emergency interim or conservatory measures before a tribunal has been constituted.

The 2012 ICC Rules apply to any ICC arbitration commenced on or after 1 January 2012, unless the parties have agreed to submit to the rules in force at the date of their arbitration agreement.

For guidance on the 2017 ICC Rules, see ICC arbitration—overview.

ICC 2012 provisions for emergency arbitrator proceedings

Emergency arbitrator proceedings are governed by ICC, art 29 and the ICC Emergency Arbitrator Rules contained in Appendix V. Together, these provisions are referred to as the Emergency Arbitrator Rules (ICC, art 29(5)).

Where the provisions of article 29 and Appendix V do not expressly deal with a matter relating to emergency arbitration proceedings, decisions must be made in the spirit of the ICC Rules or the Appendix (ICC, App V, art 8(3)).

Importantly, ICC, art 29 provides that:

  1. the emergency arbitrator’s order shall not bind the arbitral tribunal with respect to any question, issue or dispute determined in the order (ICC, art 29(3))

  2. the emergency arbitrator provisions shall not apply

Popular documents