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ARBITRATION LAW
199
Proceedings
In order to conduct an independent and impartial proceeding, the
emergency arbitrator shall sign a statement of acceptance, availability,
impartiality and independence before his appointment and they shall not
act as an arbitrator in any arbitration proceedings in relation to the dispute
that gave rise to the application.
Within two days from the transmission of the file to the emergency
arbitrator, the emergency arbitrator shall establish a procedural timetable
for the emergency arbitrator proceedings within as short a time as
possible. The proceedings shall be conducted in the manner the emergency
arbitrator deems most appropriate, taking into account the nature and
urgency of the application.
The emergency arbitrator’s decision shall take the form of an Order.
The Order shall be made no later than fifteen days from the date on which
the file was transmitted to the emergency arbitrator. The President may
extend the time limit pursuant to a reasoned request from the emergency
arbitrator or on the President’s own initiative if the President decides it is
necessary to do so.
The parties must respect the emergency arbitrator’s Order and they
commit to do so. The orders granted by the emergency arbitrator are not
definitive since the orders of the emergency arbitrator are not binding
on arbitration court in terms of subject, evaluation and justification. The
arbitration court may amend and limit the orders granted by the emergency
arbitrator and it may nullify them completely as well.
A party or parties’ application for urgent interim and conservatory
measures within the scope of the Emergency Arbitrator Provisions does
not prevent them from seeking conservatory or urgent interim measures
from a competent judicial authority before, or in some cases after, the
EAP application is made. Article 29(7) of the Rules do not deem such
measures being sought as breach of or waiver from the arbitration
agreement. However, when interim and conservatory measures are sought
from the competent courts, the Secretariat should be informed without
any delay.