Contents
- Preliminary Material
- Main Text
- Part I Overview of Emergency Arbitration
- 1 The Principles of Emergency Arbitration
- Preliminary Material
- I Introduction to Emergency Arbitration
- II Emergency Arbitration Rules
- III The Rationale for Emergency Arbitration
- IV The Fifteen Principles of Emergency Arbitration
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- A Principle One: emergency arbitration is not summary or expedited arbitration on the merits
- B Principle Two: the parties must consent to emergency arbitration
- C Principle Three: the availability of emergency arbitration should not restrict the right to seek urgent relief from courts
- D Principle Four: the emergency arbitrator rules on jurisdiction
- E Principle Five: the decision-maker is an independent and impartial arbitrator appointed by the arbitral institute who should not become a member of the arbitral tribunal
- F Principle Six: speed is tempered by due process
- G Principle Seven: limited evidence can be considered in accordance with established standards and burdens of proof
- H Principle Eight: the seat of emergency arbitration has a limited role
- I Principle Nine: the relief sought cannot await the constitution of the arbitral tribunal
- J Principle Ten: the claimant faces the risk of irreparable harm and the balance of interests and proportionality favour preventing it
- K Principle Eleven: the claimant must commence arbitration of a prima facie case on the merits
- L Principle Twelve: the emergency arbitrator can impose the same forms of interim measures as the arbitral tribunal
- M Principle Thirteen: the emergency arbitrator cannot bind the arbitral tribunal
- N Principle Fourteen: the emergency arbitrator may award costs
- O Principle Fifteen: the emergency arbitrator’s decision is binding on the parties and may be enforceable
- 2 The Foundations of Emergency Arbitration
- Preliminary Material
- I Introduction
- II Urgent and Expedited Relief in International Arbitration
- III The Rapid Rise of Emergency Arbitration
- 1 The Principles of Emergency Arbitration
- Part II The Beginning of an Emergency Arbitration
- 3 The Commencement of Emergency Arbitration
- Preliminary Material
- I Introduction
- II Overview of the Commencement Process
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- A Commencement of emergency arbitration: the basics
- B Threshold requirements: applicability, jurisdiction, admissibility
- C Choosing between emergency arbitration and court relief
- D The impact of commencement of emergency arbitration on settlement prospects
- III Applicability of Emergency Arbitration Rules
- IV Jurisdiction of the Emergency Arbitrator
- V Admissibility of the Claim for Emergency Measures
- VI Application Requirements
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- A The parties and contact details
- B Factual background
- C Nature of and entitlement to relief
- D Evidence to include in the application
- E Arbitration agreement, seat, language, applicable law
- F Draft procedural schedule
- G Notification to other parties
- H Payment of fee
- I Disclosure of third-party funding
- J Method of filing
- 4 The Emergency Arbitrator
- Preliminary Material
- I Introduction
- II Appointment of the Emergency Arbitrator
- III Challenges to the Emergency Arbitrator
- IV The Status of the Emergency Arbitrator
- V The Relationship Between the Emergency Arbitrator and the Arbitral Tribunal
- 3 The Commencement of Emergency Arbitration
- Part III Emergency Arbitration Procedure
- 5 The Conduct of an Emergency Arbitration
- Preliminary Material
- I Overview of Emergency Arbitration Procedure
- II Introduction to the Conduct of Proceedings
- III Reasonable Opportunity to be Heard
- IV Ex Parte Applications for Emergency Measures
- V The Wide Discretion of the Emergency Arbitrator
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- A The procedural discretion of the emergency arbitrator
- B Laws and rules governing procedural matters
- C Burden and standard of proof
- D Communications with the emergency arbitrator
- E Confidentiality
- F Jurisdictional objections
- G Emergency case management conference
- H Procedural schedule
- I Extensions or variations to the procedural schedule
- J Submissions
- K Counterclaims
- L Witness statements and expert reports
- VI Emergency Arbitration Hearings
- 6 The Seat of Emergency Arbitration
- Preliminary Material
- I Introduction
- II Transnational Norms in Emergency Arbitration
- III The Limited Role of the Seat of Emergency Arbitration
- 5 The Conduct of an Emergency Arbitration
- Part IV Applicable Standards and Forms of Emergency Measures
- 7 The Applicable Standards in Emergency Arbitration
- Preliminary Material
- I Overview of Applicable Standards and Forms of Relief
- II Applicable Standards
- III Urgency
- IV The Risk of Irreparable Harm
- V Prima Facie Case on the Merits
- VI Balancing of Interests and Proportionality
- 8 The Form of Relief in Emergency Arbitration
- 7 The Applicable Standards in Emergency Arbitration
- Part V The End of an Emergency Arbitration
- 9 The Emergency Arbitrator’s Decision
- Preliminary Material
- I Introduction
- II Classification of the Emergency Arbitrator’s Decision
- III Timing and Content of the Emergency Arbitrator’s Decision
- IV Costs of the Emergency Arbitration
- V Challenging the Emergency Arbitrator’s Decision
- 10 Enforcement of the Emergency Arbitrator’s Decision
- Preliminary Material
- I Introduction
- II The Binding Nature of the Emergency Arbitrator’s Decision
- III Enforcement before the Arbitral Tribunal
- IV Enforcement in Courts
- 9 The Emergency Arbitrator’s Decision
- Part VI Emergency Arbitration in Investment Treaty Arbitration
- 11 Emergency Arbitration in Investment Treaty Arbitration
- Preliminary Material
- I Introduction
- II The Appropriateness of Emergency Arbitration in Investment Treaty Arbitration
- III Emergency Arbitration Rules in Investment Treaty Arbitration
- IV Jurisdictional Issues
- V Applicable Standards and Forms of Relief
- VI Enforcement
- 11 Emergency Arbitration in Investment Treaty Arbitration
- Part VII The Future of Emergency Arbitration
- 12 The Future of Emergency Arbitration
- Preliminary Material
- I Introduction
- II Revisions to Emergency Arbitration Rules
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- A Ex parte emergency measures
- B Relationship with other pre-tribunal relief mechanisms
- C Role of the seat of emergency arbitration
- D Party input on the selection of the emergency arbitrator
- E Commencement of arbitration on the merits
- F Emergency case management conference
- G Time for constitution of the arbitral tribunal
- H Identification of applicable standards
- I Automatic expiration of emergency measures
- J Applicability of relevant provisions of arbitration rules to the emergency arbitrator
- III Reforms to Arbitration Laws
- IV Conclusion
- 12 The Future of Emergency Arbitration
- Part I Overview of Emergency Arbitration
- Further Material
- Annex One Flowchart of Emergency Arbitration under the HKIAC Rules
- Annex Two Flowchart of Emergency Arbitration under the ICC Rules
- Annex Three Flowchart of Emergency Arbitration under the ICDR Rules
- Annex Four Flowchart of Emergency Arbitration under the LCIA Rules
- Annex Five Flowchart of Emergency Arbitration under the Swiss Rules
- Annex Six Flowchart of Emergency Arbitration under the SCC Rules
- Annex Seven Flowchart of Emergency Arbitration under the SIAC Rules
- Annex Eight Choosing between Emergency Arbitration and Court Proceedings
- Annex Nine Checklist for Commencement of Emergency Arbitration
- Annex Ten Draft Procedural Schedule
- Annex Eleven Checklist for Emergency Case Management Conference
- Appendix One HKIAC Rules
- Appendix Two ICC Rules
- Appendix Three ICDR Rules
- Appendix Four LCIA Rules
- Appendix Five Swiss Rules
- Appendix Six SCC Rules
- Appendix Seven SIAC Rules
- Index