Background

Emergency Arbitrators have the power to grant orders or awards for urgent interim relief when parties cannot wait for the arbitral tribunal to be formed or to act. The party seeking relief can apply to the relevant arbitration board for the appointment of the Emergency Arbitrator.  The other option for parties is to invoke the power of the courts to provide urgent interim relief under s44 of the Arbitration Act 1996. 

Seminar Summary

On Wednesday, 12 June, WK attended a CIArb seminar on Emergency Arbitrators entitled, “Have Emergency Arbitrators Come of Age?”.  Speakers were Mr Christopher Newmark, Mr Ben Giaretta and Mr Nick Storrs. 

Mr Newmark discussed the default choice under the International Chamber of Commerce (ICC) Rules was Opt-In for the provision of the Emergency Arbitrator and the potential disadvantage this presents to parties who may not realise they have a choice of whether or not to include the option of the Emergency Arbitrator in the arbitration agreement.  He also observed through research conducted by the ICC that the enlisting of Emergency Arbitrators does not have a proven track record of producing satisfactory outcomes for the applicants. 

Mr Giaretta explained the difficulties he experienced first hand as an Emergency Arbitrator in dealing with issues such as inordinate amounts of paperwork submitted by an applicant and the fact that decisions have to be made within days for the process to be effective.  

Mr Storrs related his involvement with the case of Gerald Metals SA v Timis & Ors whereby, in consideration of the London Court of International Arbitration (LCIA) rules, the court decided that they would only act to provide relief under section 44 of the Arbitration Act 1996 in situations of “extreme emergency”.  Apparently, the fact that the LCIA did not grant the claimant’s application to appoint an Emergency Arbitrator was an indication to the court that there was insufficient cause for urgency.   

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