Journal of International Arbitration

Volume 27 (2010)

Volume 27 (2010) / Issue 4

Patricia Shaughnessy, 'Pre-arbitral Urgent Relief: The New SCC Emergency Arbitrator Rules' (2010) 27 Journal of International Arbitration, Issue 4, pp. 337–360

Abstract

Parties who have agreed to arbitrate may sometimes need to obtain urgent relief at the outset of a dispute before the arbitral tribunal is constituted, but are disinclined to seek such relief at a court. The Arbitration Institute at the Stockholm Chamber of Commerce (SCC), has adopted new Rules which make it possible to obtain early interim measures even before arbitral proceedings have been initiated. The new Rules allow for the appointment of an emergency arbitrator within 24 hours of an application and for the emergency arbitrator to make a decision within five days of the appointment. While the new procedure offers opportunities for parties to quickly obtain early urgent relief, it also raises some issues which are discussed in this article.

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ISSN: 0255-8106
ID: JOIA2010020