Chapter 21 - The Pre-Arbitral Referee - International Arbitration Law And Practice, Third Edition

Author(s):

Mauro Rubino-Sammartano

Page Count:

8 pages

Media Description:

1 PDF Download

Published:

January, 2014

Practice Areas:

Expedited Proceedings,

ICC

Author Detail:

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Description:

Originally from International Arbitration Law and Practice, Third Edition

21.1. Context

One of the main purposes of a referral to arbitration is to have a quick decision on the dispute between the parties.

This is unfortunately not common, since a large majority of arbitral proceedings last more than two years and some even more than that.

As has been pointed out:1

“The practical problem is that the arbitral proceedings are not always quick enough, but mainly it is necessary for the arbitrator to have already been appointed and to have received the file.”

In some jurisdictions the arbitrator may issue interim measures, while in others – such as in Italy – that authority is reserved to state courts. In other jurisdictions that authority may be exercised by both the arbitrator and the court.

This does not create problems when neither of them issues the interim measure, which has been applied for, or if they both issue the same measure.

Table of Contents:

Chapter 21: THE PRE-ARBITRAL REFEREE

Background
21.1 Its Background

The ICC Proceedings
21.2 The ICC Pre Arbitral Referee Proceedings

The Order of the Referee
21.3 Characterization of the Order of the Referee