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ARBITRATION LAW
197
The New Emergency Arbitrator Procedure under the ICC
2012 Rules
7
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Att. Fatih Isik
Introduction
The newArbitration Rules of the International Chamber of Commerce
entered into force as of January 1, 2012 (the “Rules”). In a general sense,
the Rules aim to improve efficiency in arbitration cases, control expenses
and shorten the duration of arbitration. Within this scope, the Rules
provide for an “emergency arbitrator” procedure. This significant and
remarkable procedure aims to provide urgent interim measures for parties
who cannot await the constitution of an arbitral tribunal.
Emergency Arbitrator Provisions and Scope of Application
Parties in need of urgent interim or conservatory measures and
which cannot await the constitution of an arbitral tribunal may make an
application for such measures (defined as “Emergency Measures”). This
application shall be made in accordance with Article 29 of the Rules
and Appendix V- Emergency Arbitrator Rules (together referred to as
“Emergency Arbitrator Provisions” or “EAP”).
The Emergency Arbitrator Provisions shall be applied within the
scope of arbitration agreements signed on or after January 1, 2012. If
the parties are not willing to apply Emergency Arbitrator Provisions, the
arbitration agreements signed after January 1, 2012 must clearly specify
that fact. The parties may agree in writing to apply EAP to agreements
concluded before January 1, 2012.
Pursuant to Article 29(6)(c), EAP shall not be applied if the parties
have agreed to another pre-arbitral procedure that provides for the granting
of conservatory, interim or similar measures.
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Article of June 2013