Meaning
Temporary adjudicators appointed by arbitral institutions provide urgent interim relief before the main tribunal is formally constituted. The introduction of emergency arbitrators allows disputing parties to seek immediate protective measures without waiting for the complete selection of the panel or turning to local courts. This procedure preserves the assets or the status quo during the initial stages of a dispute.
Appointment Process
Most international arbitration rules allow a party to file an application for emergency measures concurrently with or after the notice of arbitration. The administrative body of the institution reviews the request and typically appoints the emergency arbitrator within two or three business days. This rapid appointment is necessary to address situations where assets are at risk of being dissipated or intellectual property is in danger of unauthorized disclosure.
Once appointed, the arbitrator establishes a highly compressed schedule, often requiring written submissions and holding a virtual hearing within a few days.
Interim Remedy
The resulting decision usually takes the form of an interim order or an emergency award that binds the parties. This remedy can order a party to freeze bank accounts, preserve electronic evidence, or maintain existing business operations.
Award Enforcement
The legal status of these early decisions remains variable across different national legal systems. While some jurisdictions treat these orders as fully enforceable under local arbitration laws, others require the final tribunal to adopt and re-issue the decision once constituted.
