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Conclusion
The ICC 2012 Arbitration Rules, which have been in force as of
January 1, 2012, introduce the new concept of an emergency arbitrator
whereby a party 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 pursuant to the Emergency Arbitrator Rules
inAppendixV. The Parties’ application for urgent interimand conservatory
measures within the scope of Emergency Arbitrator Provisions does not
prevent them from seeking conservatory or urgent interim measures from
a competent judicial authority before the EAP application is made and,
in some special cases, even afterwards. Furthermore, it should be kept
in mind that, unless clearly specified in writing that the parties are not
willing to apply them, the Emergency Arbitrator Provisions shall be
applied within the scope of arbitration agreements signed on or after
January 1, 2012.