International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode, Wolters Kluwer has partnered with the Chartered Institute of Arbitrators for a discussion on emergency arbitration, with Crina Baltag, Editor of Kluwer Arbitration Blog, interviewing Patricia Shaughnessy, at Stockholm University.
Patricia Shaughnessy has been directly involved in the development of the emergency arbitration procedure, as member of the SCC Board, and later, as Vice-Chair of the SCC Board. The podcast discussion considers and explores:
- the launch of the SCC Emergency Arbitration Rules in January 2010 and the reasons behind and beyond the Emergency Arbitration procedure, in particular providing users with quick access to interim measures, when urgently needed;
- the role Emergency Arbitration plays in the effective and cost-efficient resolution of disputes;
- the suitability of Emergency Arbitration procedure for various types of disputes, including for investment arbitration;
- factors to assess when filing an Emergency Arbitration request: urgency is essential, but only one of the factors;
- the case management by the Emergency Arbitrator: experience and ability to act and decide quickly is essential in Emergency Arbitration proceedings;
- while Emergency Arbitration proceedings are increasing in number, there are still concerns with the enforceability of the Emergency Arbitrator decisions;
- one must not confuse Emergency Arbitration with Expedited Arbitration: Emergency Arbitration is about urgent interim relief; Emergency Arbitration may well interact with Expedited Arbitration.
As final thoughts, Patricia Shaughnessy offers her views on the future of international arbitration and Emergency Arbitration, in particular.
Listen to the discussion: Arbitrating in the Emergency Room, in conversation with Patricia Shaughnessy.
Follow the coverage of the International Law Talk arbitration podcasts on Kluwer Arbitration Blog here.