Abstract

This study dealt with the arbitrator of emergency in commercial arbitration and this development is the most innovative in the rules of commercial arbitration of the International Chamber of Commerce in Paris in 1912, where a new trend was adopted with regard to interim and urgent measures before the final form of the arbitral tribunal. The International Chamber of Commerce has already adopted the rules of this system before the Arbitration Institute of the Stockholm Chamber of Commerce.
 
 The emergence of new systems in commercial arbitration needs to be examined in order to understand, interpret and check its suitability to the needs of the parties to the dispute in the framework of commercial arbitration. Among the most important new systems are the rules of emergency arbitrator, which have been taken by many commercial arbitration centers because of the advantages of one or both parties when it needs urgent and incidental measures that cannot wait until the formation of the arbitral tribunal. Therefore, the appointment of an emergency arbitrator may be requested for such measures. Many of the centers have organized such rules as Stockholm Rules of Arbitration in Sweden and ICC in Paris and others.
 
 The study concluded with a set of results, the most important of which was that the emergency arbitrator is one of the modern rules that serve commercial arbitration, which began by relying on Western legal systems not Arab laws.

Highlights

  • The system of commercial arbitration in the settlement of disputes between traders or in the commercial environment in general is constantly evolving and the perpetrator of this system finds changes and developments in arbitral laws, rules and international arbitration agreements by the commercial arbitration centers

  • Through our knowledge of many of the laws of the Arab arbitration we did not find a legal treatment of the rules of emergency arbitrator in the sense explained above, but we have found that it dealt with the issue of temporary measures taken by the arbitral tribunal after being formed in accordance with the general rules of commercial arbitration, the most important rules and arbitration centers that adopted the emergency arbitrator system in commercial arbitration

  • 1) This study shows that the emergency arbitrator is one of the modern rules that serve commercial arbitration, which began with reliance on Western legal systems not the Arab laws

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Summary

Introduction

The system of commercial arbitration in the settlement of disputes between traders or in the commercial environment in general is constantly evolving and the perpetrator of this system finds changes and developments in arbitral laws, rules and international arbitration agreements by the commercial arbitration centers. We are required to stand up and discuss the most important new provisions and additions in the field of commercial arbitration. Among the most important developments in this method is the so-called "emergency arbitrator system". The problem of the study is that the arbitration agreement produces two effects: the first effect is positive. It is the jurisdiction of the arbitral tribunal to adjudicate the subject matter of the dispute. If the impact is negative, it includes temporary disputes or so-called temporary and conservative measures required by the nature of disputes agreed upon to arbitrate. The so-called emergency arbitrator, who has multiple powers, appears in issuing urgent injunctions before forming an arbitral tribunal

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Results

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