ICC (2021)—emergency arbitrator proceedings

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

  • ICC (2021)—emergency arbitrator proceedings
  • ICC 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 and sending 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 (2021)—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 considers the emergency arbitration procedure available to parties under the 2021 Rules of Arbitration of the International Chamber of Commerce (ICC Rules), which enables parties to obtain emergency interim or conservatory measures before an arbitral tribunal has been constituted.

The ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021 (unless the parties expressly agree that an earlier version of the ICC Rules will apply, which is unlikely).

For links to guidance on the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview.

ICC emergency arbitrator provisions—introduction

The ICC’s emergency arbitrator provisions are designed to enable a party to obtain urgent interim or conservatory relief where they cannot await the constitution of an arbitral tribunal (ICC, art 29(1)). ICC emergency arbitrator proceedings are governed by ICC, art 29 and the ICC Emergency Arbitrator Rules contained in ICC, App V (also see Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (ICC Note, paras [69]–[82]).

Popular documents