The Form of Relief in Emergency Arbitration

Abstract

Abstract This chapter studies the form of relief in emergency arbitration. In any event, a prospective applicant to an emergency arbitration will almost certainly already have in mind the form of relief they require to preserve their rights pending constitution of the arbitral tribunal. Both for the applicant, and for the respondent, the central issue when considering the form of relief in emergency arbitration will be whether the emergency arbitrator has the power to impose the requested relief. Evidently, the form of relief the emergency arbitrator is empowered to impose is classified differently across the Emergency Arbitration Rules, with no clear majority approach. The forms of relief range from "interim measures" and "interim and conservatory measures"; to "urgent measures", "urgent provisional measures", and "urgent interim and conservatory measures"; and even to "emergency measures". The different terms used to describe the types of relief available under Emergency Arbitration Rules reflects the general approach taken to urgent relief in international arbitration.