United States:
The Emergency Arbitrator Provisions In The ICC Arbitration Rules
24 August 2017
McDermott Will & Emery
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The ICC's current version of the rules of arbitration
("2017 ICC Rules"), which came into effect on March 1,
2017, include "Emergency Arbitrator Provisions" providing
for urgent interim measures by a so-called "emergency
arbitrator." Such measures, which include preserving the
status quo and conserving evidence, can be ordered by the emergency
arbitrator in circumstances where the full arbitral tribunal has
not been constituted and is therefore not itself empowered to order
such measures. These provisions render ICC arbitration more
attractive than certain other forms of arbitration as they avoid
potential vacuums of jurisdiction.
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The Emergency Arbitrator Provisions In The ICC Arbitration
Rules
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