Emergency Arbitrator/Emergency Measures Sample Clauses

Emergency Arbitrator/Emergency Measures. ‌ Most international arbitration rules now contain rules providing for the filing of applications for emergency relief and the appointment of an emergency arbitrator who is authorized to grant such relief. Those rules typically provide that the emergency arbitrator may grant any form of interim or conservatory measures that are permitted to be granted by the constituted tribunal. As discussed elsewhere in these Guidance Notes, international arbitration rules that provide for emergency relief substantially, but not entirely, eliminate the need for a rule permitting the parties to seek court-ordered interim relief. When the arbitration rules adopted by the parties in their arbitration agreement do not contain rules providing for emergency relief, the parties should consider including in their arbitration agreement a provision allowing for the appointment of an emergency arbitrator. The authority granted to the emergency arbitrator in the arbitration agreement should be consistent with the constituted tribunal’s ultimate authority under the applicable rules to grant interim and conservatory measures. Moreover, pending the constitution of the tribunal, the emergency arbitrator should be authorized to revise, amend, or revoke any order or award the emergency arbitrator issues and further should be empowered to award fees and costs associated with the emergency proceedings, subject to the tribunal’s authority to alter or revoke any decision made by the emergency arbitrator. Finally, given the exigent circumstances that can attend emergency proceedings, the emergency arbitrator should be authorized to impose procedures, including procedures relating to any hearing the emergency arbitrator might conduct, designed to ensure an expeditious, and yet fair, process. The Model DR Agreement includes an optional clause (IV.A.1) allowing a party to seek emergency relief under limited circumstances and for the appointment of an emergency arbitrator authorized to grant such relief when warranted. If the parties do adopt this optional clause, they may desire to embellish the clause by providing that any decision by the emergency arbitrator shall expire on the earlier of the constitution of the arbitral tribunal [or appointment of the sole arbitrator] or the expiration of a set period of time. Such a provision is consistent with some international rules and helps to ensure that a party that succeeds in obtaining emergency relief will not attempt to simply permanently rely on t...