Developing the Emergency Arbitrator Procedure: The Approach of the Hong Kong International Arbitration Centre - Chapter 14 - Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

Author(s):

Chiann Bao

Page Count:

20 pages

Published:

May, 2015

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The need for interim measures to protect parties from damage during
the course of an arbitration and to ensure an effective outcome in a dispute

has long been recognised in both litigation and arbitration.1 A party may

urgently need interim measures, such as an order to prevent the opposing

party from dissipating or destroying assets or evidence, in circumstances

where it cannot afford to wait until an arbitral tribunal is constituted

before seeking relief.

Traditionally, parties in arbitration could seek interim relief through

two avenues: either through the national courts, or through an arbitral

tribunal. Neither of these options was entirely satisfactory.2 Seeking relief

through the courts could be an unattractive prospect because of delays in,

or other problems with, the judicial process (which made the parties

choose arbitration in the first place).3 As regards relief given by the arbitral

tribunal, the immediate need and the only opportunity to protect a party’s

rights may be lost during the time it takes to form a tribunal.

The emergency arbitrator procedure was created to respond to the

above needs. This procedure designates an arbitrator (called the

“emergency arbitrator”), who is tasked with deciding whether to grant

interim and conservatory measures4 (collectively referred to as “emergency

relief”) pending the constitution of an arbitral tribunal. As the name