Part I Commentary on the ICDR International Rules, 6 Article 6—Emergency Measures of Protection
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Arbitral tribunals — Arbitration
This chapter studies the ICDR’s provision for emergency measures in Article 6. Through the procedures detailed in Article 6, a party may apply to secure expedited emergency relief even before an arbitrator has been appointed. On receipt of such an application, the ICDR will appoint an emergency arbitrator, who is tasked with considering the application and who has the power to order interim awards, to protect or conserve property, and to make other orders of emergency relief. Importantly, a party may still choose to go to a court of competent jurisdiction to obtain emergency relief, such as a preliminary injunction, a temporary restraining order, or an order to preserve evidence. The real utility of Article 6 lies in situations in which the tribunal has not yet been appointed and a party fears that the appropriate courts will not grant interim relief or it will be ineffective.