Emergency Relief in Support of Arbitration: The English Courts Take a Back Seat

November 03, 2016

In recent years, and in response to user demand, almost all of the world’s leading international arbitration institutions have changed their rules to allow parties to appoint an “emergency arbitrator”. An emergency arbitrator may, on an expedited basis prior to the constitution of the arbitral tribunal, hear and determine applications for urgent interim or conservatory measures that cannot await the constitution of the arbitral tribunal in accordance with the parties’ arbitration agreement. These developments have been necessary because of the weeks, or in some cases months, it can take for an arbitral tribunal to be constituted, and allow parties to seek quick and decisive interim action through the arbitral institution.

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