Emergency arbitration in investment treaty disputes

Table of contents

• Is there a need for emergency arbitration procedures in investment treaty disputes and is the situation any different to when a private dispute is involved?
• In what context do they arise?
• Investment treaty arbitration tends to be practiced under a small number of arbitral rules. Are the rules suitable for emergency arbitration in this context?
• Could there be a separate emergency procedure applicable for investment treaty disputes to address these issues or could current commercial rules perhaps be adapted?

Article summary

Arbitration analysis: Do we need better emergency arbitration procedures in investment treaty disputes? Steven P Finizio, partner at Wilmer Hale, examines issues with the current system and what the future may hold for emergency arbitration.