Emergency arbitrators and expedited tribunals

14 March 2017 | Global

Legal Briefings – By James Doe, Partner and Robin Wood, Associate

Emergency arbitrators and expedited tribunals , Construction Law March 2017 (pdf 136.89 KB)

The unavailability of emergency relief has often been cited in the past as a drawback of arbitration. James Doe and Robin Wood of Herbert Smith Freehills report that emergency provisions are now available and working well.

KEY POINTS

Critics of arbitration have pointed to the unavailability of emergency relief
Arbitral institutions have begun to introduce provisions for emergency arbitration or expedited formation of a tribunal to address these perceived concerns
The ICC and LCIA have adopted similar emergency arbitration provisions, although the LCIA also offers the option of expedited formation of the tribunal
Such forms of dispute resolution can provide rapid relief on an interim basis but the test applied for entry is likely to be strict and some types of relief are not available
The authors have recently represented a client in an ICC emergency arbitration concerning a construction project and were generally impressed with the process

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This article was first published in Construction Law, March 2017.

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The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.