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Key definition
Emergency arbitrator definition

What does Emergency arbitrator mean? In practice, an emergency arbitrator is a sole arbitrator appointed at very short notice by an arbitral institution to hear an urgent application for interim or conservatory measures before the arbitral tribunal is constituted. The concept is created by institutional arbitration rules (for example, LCIA, ICC, SCC) rather than by statute or a single line of case law, but its core features are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland. Key features include rapid appointment (often within 24–72 hours), a narrow mandate to grant urgent interim relief (such as preserving assets or evidence or maintaining...

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ICC 2021 Emergency Arbitrator Proceedings: Urgent Interim Relief, Applications, Timelines, Appointment, Orders, Costs, Seat, Court Interaction and Enforcement

Practice notes
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This Practice Note examines the emergency Arbitration route available to parties under the 2021 Rules of Arbitration of the International Chamber of Commerce (ICC Rules), which permits parties to seek emergency interim or conservatory relief before an Arbitral Tribunal has been formed. The 2021 ICC Rules govern ICC arbitrations begun on or after 1 January 2021 unless the parties expressly agree that an earlier edition of the ICC Rules will apply. For links to guidance on the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview.

ICC Emergency arbitrator provisions—introduction

The ICC’s emergency arbitrator provisions are intended to allow a party to secure urgent interim or conservatory measures where they cannot wait for the constitution of an arbitral tribunal (ICC, art 29(1)). ICC emergency arbitrator proceedings are governed by ICC, art 29 and the ICC Emergency Arbitrator Rules set out in ICC, App V (also see the Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (ICC Note, paras [69]–[82])). Collectively, these provisions are described in the ICC Rules as the ‘Emergency Arbitrator Provisions’ (ICC, art 29(5)). Significantly, ICC, art 29 states that:

  • the emergency arbitrator’s order shall...
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Web page updated on 21/05/2026

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