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CHAPTER 11 Emergency arbitration and the interplay with other pre-arbitral mechanisms

Construction Arbitration and Alternative Dispute Resolution


Page 169

CHAPTER 11

Emergency arbitration and the interplay with other pre-arbitral mechanisms

Emergency arbitration and the interplay with other pre-arbitral mechanisms

Shaughnessy Patricia

Introduction

11.1 Emergency arbitration (EA) has developed across the globe to provide expedited urgent arbitral interim relief1 to parties who have agreed to arbitrate their dispute pursuant to an arbitral institution’s rules that include this procedure. Arbitral institutions have provided for emergency arbitration in their rules to fill the gap between the time when urgent relief may be needed and when the ‘regular’ arbitral tribunal will be constituted. This allows parties to avoid seeking urgently needed relief from a national court, which may provide a less attractive venue for parties who have agreed to arbitrate. The development of emergency arbitration has contributed to the autonomy and effectiveness of arbitration.

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