2019年4月1日 · The Report of the ICC Commission on Arbitration and ADR on Emergency Arbitrator Proceedings analyses all aspects, including procedural and substantive issues that may arise in emergency arbitrator ("EA") proceedings, in order to identify and examine any emerging trends and to facilitate the use of EA proceedings through increased transparency ...

collate and analyse practical experience with the ICC EA process, to place such experience in the context of EA proceedings under other rules, and to offer possible solutions to some of the problems identified by the Task Force and ICC Commission members. This Report thus seeks to offer guidance to users, counsel

Institutions, such as ICC, which have adopted the EA mechanism to fill this lacuna, now have sufficient practical exposure to EA proceedings to have developed a body of learning on how to increase predictability of EA proceedings, improve the process to best suit users’ needs, protect due process and avoid abuses, stimulate efficiency and ...

Emergency Arbitrator (‘EA') proceedings have become an important feature of institutional arbitration. Following up on the ICC Arbitration and ADR Commission's 2019 Report on EA Proceedings, this article provides an update on EA proceedings under the ICC Rules, focusing on a set of 17 EA decisions not covered in the ICC 2019 Report.

This variety is apparent with respect to threshold issues, procedural matters, substantive standards and post-emergency arbitration considerations, and is first and foremost the consequence of the choice made in the ICC Rules to leave to the EA a considerable degree of discretion and flexibility.

Relief has been granted in only 23 of the ICC EA applications, and in only eight of these cases has the EA fully granted the requested relief; Twenty-one EA applications were rejected in whole or in part on threshold grounds;

2019年1月10日 · EA provisions were first introduced in the 2010 SIAC Rules to address the need for emergency interim relief before a tribunal is constituted, and many arbitral institutions have adopted relatively similar EA procedures over the past decade.

2019年8月2日 · The EA Procedures provide that an EA’s jurisdiction is confined to granting “urgent, interim or conservatory measures that cannot await the constitution of an arbitral tribunal” (Article 29(1) of the ICC Rules). Thus, the main criteria contemplated by …

2019年4月15日 · The demand by users of international arbitration for a mechanism to provide urgent and immediate relief in situations where the arbitral tribunal had not yet been constituted led to the addition of an emergency arbitrator ("EA") procedure in various arbitration rules, including those of the International Chamber of Commerce ("ICC").

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