chapter  15
13 Pages

Emergency arbitration and the interplay with other pre-arbitral mechanisms

WithPatricia Shaughnessy

This chapter considers the applicability and effectiveness of emergency arbitration and explores issues that may arise when the parties have agreed to pre-arbitral dispute resolution mechanisms. It focuses on how such mechanisms may affect emergency arbitration proceedings. The legal effects and enforceability of an emergency arbitration decision generate uncertainties, which have both academic and practical significance. These issues play into the analysis of the interplay between various pre-arbitral mechanisms. Emergency arbitration procedures first appeared on the arbitration scene only about ten years ago, but despite this relatively short existence, the procedures have become a standard feature of most arbitral institutes' rules. The legal nature of emergency arbitration presents an unsettled issue, as does the status of the emergency arbitrator and the legal nature and effects of the decision. The dispute adjudication boards are empowered to make a 'binding' decision on a dispute.