Emergency arbitrator meaning

CORONAVIRUS (COVID-19) This Checklist is archived and no longer being actively maintained. Numerous arbitral organisations have responded to the coronavirus pandemic by issuing practical guidance and/or making adjustments to their standard procedures and working practices. For further details on how this material and associated arbitration proceedings could be affected, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact [Archived] [Archived] [Archived]. For additional information, see: Coronavirus (COVID-19) and arbitration—overview. For direct links to guidance on the 2021 ICC Rules (effective 1 January 2021) and the 2012 ICC Rules, see: ICC arbitration—overview...

Before commencing the arbitration Check limits; confirm SIAC clause; interim relief; tribunal size; proper nominations. Emergency measures Seek Emergency Arbitrator pre-constitution; urgent, Registrar-approved, binding relief. Expedited Procedure Apply pre-constitution; expect sole arbitrator, streamlined process, six‑month award. Commencing the arbitration Serve Notice on Registrar/respondent with required particulars, funding statement, fee. Responding to the arbitration Respond within 14 days; address claims, jurisdiction and counterclaims. Jurisdiction Arbitration proceeds unless screened; tribunal rules; object under Rule 31. Preliminary meeting and directions Attend administrative calls; hold early case management conference. Written statements File Claim, Defence, Counterclaim as directed; state facts, grounds, relief. Evidence Tribunal controls evidence; written testimony allowed; oral examination on request. The hearing Any party may...

Before commencing the arbitration Check any limitation deadlines or contractual time bars under the substantive law governing the dispute (Article 36.1). Identify the claims you plan to bring in HKIAC proceedings and confirm they fall within the arbitration agreement providing for HKIAC administration (Article 1.1). Decide if urgent protection is required before the tribunal is in place and/or whether interim relief should be sought after constitution, including measures to preserve assets or preserve evidence (Article 23; Schedule 4). Fix the tribunal size; if no accord is reached pre-arbitration or within 30 days of the respondent’s receipt of the Notice of Arbitration, HKIAC will determine this having regard to the case’s circumstances (Article 6.1). Prepare nominations for tribunal appointment; note a proposed arbitrator must sign a declaration of availability, impartiality and independence and disclose any relevant matters before confirmation or appointment, and that limited ex parte contact is allowed to discuss qualifications, availability, impartiality and independence (Articles 11.4–11.5). Collect the evidence you will...

Ashok Kumar Goel, Vyoman India Private Ltd, v EbixCash Ltd & others, No 25579 of 2024 What are the practical implications of this case? This matter closely examines what amounts to an arbitral award and how it is to be distinguished from an order. Drawing on the landmark judgment in Amazon.com NV Investment Holdings LLC v Future Retail Ltd and Others (2022) 1 SCC 209 (the Amazon.com Case), which recognised emergency arbitration, the court concluded that an emergency arbitrator’s award is, in substance, an order. The label attached to a decision cannot, by itself, demarcate ‘award’ from ‘order’; it is the essence of the determination that provides the real distinction. Only where the decision adjudicates any part of the merits of the dispute will it qualify as an arbitral award. With enforcement of foreign-seated emergency arbitration decisions in India still uncertain, this ruling offers a pathway to enforce an emergency arbitrator’s decision through section 9. However, before seeking relief under this provision, it is essential to satisfy two...

In this issue: Institutional and ad hoc arbitration International arbitration Other arbitration and ADR-related news and developments New and updated content Useful information Daily and weekly news alerts Institutional and ad hoc arbitration ACICA—consults on revision of ACICA Arbitration Rules The Australian Centre for International Commercial Arbitration (ACICA) has opened a public consultation on updates to the ACICA Arbitration Rules. ACICA is seeking views on topics such as practice notes, artificial intelligence, settlement windows, sustainability, diversity, confidentiality, shifts in party representation, emergency arbitrator provisions, expedited proceedings, joinder, publishing anonymised decisions and awards, and an opt‑in appeals pathway. The revisions aim to reinforce ACICA’s longstanding commitment to a fair, efficient, prompt and cost‑effective arbitral process. Submissions are due by 18 May 2026. See: LNB News 02/04/2026 15. AIAC—Protocol for the Administration of Arbitrations by AIAC pursuant to the UNCITRAL Arbitration Rules published The Asian International Arbitration Centre (AIAC) has issued its Protocol for the Administration of...

International arbitration In this issue: International arbitration Institutional and ad hoc arbitration Hall, Moser & Wade: International Arbitration Handbook Other arbitration and ADR-related news and developments LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts Useful information Australia—Enforcement of ICSID Awards and State Immunity In Blasket Renewable Investments LLC v Kingdom of Spain [2025] FCA 1028, the Federal Court of Australia assessed Spain’s claim to sovereign immunity in proceedings to recognise and enforce intra‑EU International Centre for Settlement of Investment Disputes awards. Spain argued the awards were not binding or enforceable as EU law bars intra‑EU investment arbitration. The court rejected this, ruling the awards are binding under Article 53 of the ICSID Convention and enforceable in Australia under Article 54, as Spain, by entering the Convention, consented to enforcement jurisdiction and thus waived immunity. The court also dismissed reliance on EU law to resist enforcement, and confirmed that assigning two awards to Blasket did not...

This Practice Note has been prepared in collaboration with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer, and Ms Thea Elyssa Vega, Foreign Lawyer, all from WongPartnership LLP, Singapore. The seventh edition of the SIAC Rules took effect on 1 January 2025 and can be accessed here. This note addresses how to initiate arbitration under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th edition) 2025 (the 2025 SIAC Rules). Please note that Singapore judgments mentioned in this Practice Note are not reported by LexisNexis® UK. Prior to commencing an arbitration Before beginning an arbitration, there must be a ‘dispute’ that is capable of referral to arbitration. At the outset, assess whether an arbitration agreement exists and whether there is a ‘dispute’ that may properly be referred to arbitration. Consider as well any additional jurisdictional objections a respondent might advance. The following matters should be reviewed prior to starting any arbitration (among others):...

This Practice Note reviews the availability of interim and/or emergency measures within, and in aid of, arbitration proceedings under the law of the Kingdom of Saudi Arabia (KSA, Saudi or Saudi Arabia). The relevant legal framework Saudi Arbitration Law, promulgated by Royal Decree No. M/34 on 16 April 2012 (the Arbitration Law), based on the UNICTRAL Model Law on International Commercial Arbitration. The Arbitration Law applies to arbitrations seated in Saudi Arabia and, where the parties agree, to proceedings seated abroad as the governing law of the proceedings (Arbitration Law, Article 2) Implementing Regulations of the Arbitration Law, issued by Cabinet of Ministers’ decision number 541 on 22 May 2017 (the Implementing Regulations of the Arbitration Law) Enforcement Law, issued by Royal Decree No. M/53 dated 30 July 2012 (the Enforcement Law) Implementing Regulations of the Enforcement Law, issued by Cabinet of Ministers decision number 526 on 9 November 2017 (the Implementing Regulations of the Enforcement Law) Saudi accession to the New...

This Practice Note sets out how to initiate arbitration under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules govern any ICC arbitrations begun on or after 1 January 2021, unless the parties expressly agree that an earlier version will apply. For an overview of the 2021 ICC Rules, see Practice Note: ICC (2021)—introduction to the ICC and arbitration under the ICC Rules. For guidance on the 2017 and 2012 ICC Rules, see: ICC arbitration—overview. Prior to commencing an arbitration pursuant to the ICC Rules When a dispute arises, it is crucial for parties and their advisers to check the dispute resolution clause in the relevant contract. If it provides for arbitration under the ICC Rules, at the outset the parties should consider, among other points: any limitation period (whether contractual or statutory) by which the arbitration must be commenced. For more detail under English and Welsh law, see Practice Note: Limitation periods in arbitration (England & Wales) ...