Abstract

Interim and conservatory measures can play an important role in international arbitrations, operating as holding orders preserving the status quo pending the outcome of the parties’ dispute. Often, the demand for such measures is urgent and arises before the arbitral tribunal is in place. This article considers the role of the Emergency Arbitrator in meeting that demand. Specifically, it considers the concerns voiced by some regarding the status of the Emergency Arbitrator and the enforceability of his or her Order or Award. Are those concerns valid or overstated? Irrespective, are we nonetheless embarking upon a ‘new dawn’ as the use and practice of the Emergency Arbitrator takes greater hold and gains maturity?

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