Emergency arbitrator

Definition

An emergency arbitrator is a type of adjudicator appointed to make urgent decisions in arbitration proceedings before the formation of the tribunal. This role is crucial when immediate relief is needed to prevent harm or preserve rights while the full arbitration process is being established. The emergency arbitrator typically has the authority to grant interim measures, which can be essential in protecting the interests of parties involved in international arbitration.

5 Must Know Facts For Your Next Test

1. Emergency arbitrators are often used in international arbitration settings where parties require urgent relief due to potential irreparable harm.
2. The authority and powers of an emergency arbitrator are typically defined by the rules of the chosen arbitration institution, such as the ICC or LCIA.
3. Parties may be required to submit specific requests outlining the nature of the emergency and the relief sought when seeking an emergency arbitrator's intervention.
4. The decision made by an emergency arbitrator is usually binding, but it may be subject to review or modification by the arbitral tribunal once constituted.
5. The process for appointing an emergency arbitrator can vary, but it generally aims for swift resolution, sometimes within a few days of a request being filed.

Review Questions

• What is the role of an emergency arbitrator in international arbitration, and how does it differ from a regular arbitrator?
  • An emergency arbitrator plays a critical role in providing immediate relief in international arbitration by making urgent decisions before the full tribunal is formed. Unlike regular arbitrators, who handle disputes after they have been established, emergency arbitrators address situations requiring swift action to prevent harm or preserve rights. They focus on granting interim measures that can be crucial for the parties while waiting for the complete arbitration process.
• Discuss the legal implications of an emergency arbitrator's decision and how it fits within the broader framework of arbitration agreements.
  • The decisions made by emergency arbitrators have significant legal implications as they are generally binding and enforceable under the agreed-upon arbitration rules. This mechanism ensures that parties receive timely protection for their rights while awaiting the formation of a full arbitral tribunal. The ability of an emergency arbitrator to issue interim measures reinforces the effectiveness of arbitration agreements, providing a safeguard that promotes confidence in arbitration as a reliable dispute resolution method.
• Evaluate how the use of emergency arbitrators enhances the efficiency and effectiveness of international arbitration processes.
  • The inclusion of emergency arbitrators enhances both efficiency and effectiveness in international arbitration by addressing urgent matters without delaying the entire process. By allowing for immediate intervention when necessary, parties can secure important relief that prevents further damage or loss while waiting for a complete tribunal. This responsiveness not only promotes timely resolution but also strengthens trust in international arbitration as a viable alternative to litigation, encouraging parties to choose this method for dispute resolution.

Related terms

interim measures: Temporary orders issued by a tribunal or emergency arbitrator to protect the rights of a party pending the resolution of the arbitration.

arbitration agreement: A contract in which parties agree to resolve their disputes through arbitration rather than litigation, often specifying how and where the arbitration will take place.

institutional arbitration: Arbitration conducted under the auspices of a recognized arbitration institution, which provides administrative support and sets procedural rules.