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NEWSLETTER 2013
198
Application Proceedings
A party seeking recourse to an emergency arbitrator must provide
the appropriate documents and information for examination of the
dispute; however, it is not necessary for such applicant to have already
submitted a request for arbitration. Nonetheless, the applicant party is
obliged to submit its request for arbitration to the Secretariat within 10
days following the date of application for an emergency arbitrator. This
period may be extended where the emergency arbitrator deems necessary.
The application shall contain (among other information): the
circumstances giving rise to the application, the dispute referred or to
be referred to arbitration, a statement of the emergency measures sought
and the reasons why the applicant needs urgent interim or conservatory
measures and any relevant agreements, especially the arbitration
agreement. On the basis of the information contained in the application,
the President of the Court (“President”) considers whether to apply
Emergency Arbitrator Provisions or not. If the President considers,
pursuant to Articles 29(5) and 29(6) of the Rules, that Emergency
Arbitrator Provisions apply, a copy of the application shall be transmitted
to the defendant; if the President considers otherwise - with regards to
some or all of the parties - the parties shall be informed that the emergency
arbitrator proceedings shall not take place.
Since the emergency arbitrator aims to take urgent measures, the
emergency arbitrator shall be appointed within as short a time as possible.
Therefore, the President shall appoint the emergency arbitrator as quickly
as possible, generally within two days. Nonetheless, the emergency
arbitrator appointed by the President may be challenged. A challenge
against the emergency arbitrator must be made by the party making
the challenge within three days from receipt of the notification of the
appointment, or from the date when that party was informed of the fact
and circumstances on which the challenge is based. The court shall make
a decision on the challenge after the emergency arbitrator and the other
party or parties have had the chance to provide their comments in writing
within a suitable period of time.