ICC (2017)—emergency arbitrator proceedings

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

  • ICC (2017)—emergency arbitrator proceedings
  • ICC (2017) emergency arbitrator provisions—introduction
  • 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
  • Fees and costs of emergency arbitrator proceedings
  • Appointment of emergency arbitrator and notification
  • Challenge of an emergency arbitrator
  • More...

ICC (2017)—emergency arbitrator proceedings

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.

This Practice Note sets out the emergency arbitration procedure available to parties under the 2017 International Chamber of Commerce (ICC) Rules of Arbitration (2017 ICC Rules), to enable parties to obtain emergency interim or conservatory measures before a tribunal has been constituted.

The 2017 ICC Rules apply to any ICC arbitrations commenced on or after 1 March 2017, unless the parties have agreed to submit to the rules in force on the date of their arbitration agreement.

The 2017 ICC Rules include:

  1. an expedited procedure which automatically applies where the arbitration agreement is entered into after 1 March 2017 and the amount in dispute is below US$2m. In cases above this threshold, the parties must opt-in. For guidance on the ICC expedited procedure, see Practice Note: ICC Rules (2017)—expedited procedure

  2. amended costs provisions effective from 1 January 2017. For guidance on costs in ICC proceedings, see Practice Note: ICC (2017)—fees, advances and costs

For links to guidance on the 2021 ICC Rules (in force 1 January 2021) and the 2012 ICC

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