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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Emergency Arbitration Procedure

Grant Hanessian

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 September 2021

Subject(s):
Arbitral agreements — Arbitral tribunals — Awards — Conduct of proceedings — Interim and provisional measures — Recognition and enforcement — Costs and expenses — Arbitral rules

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Arbitral tribunals usually take many weeks, or sometimes months, to constitute. Parties in need of interim or conservatory relief prior to the formation of the tribunal historically had no option but to seek such relief in a national court. The outcome of such a court action—eg, to enjoin immediate termination of a contract or preserve critical evidence—could have a significant effect on the outcome in the subsequent arbitration or even whether the arbitration went forward at all. Thus, parties that had agreed to arbitrate could find that their case had been...
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