Emergency Arbitrator

Emergency Arbitration, Emergency Arbitrator, Ex Parte Relief, Expedited arbitration, Expedited Proceedings, India, India, Preliminary Orders, Protective Preliminary Orders, SIAC, SIAC Rules 2025, Singapore, Singapore International Arbitration Centre

and (Providence Law LLC)/ /Leave a comment

In an attempt to further fortify its position as a leading arbitral institution, the Singapore International Arbitration Centre (“SIAC”) has introduced the 7th Edition of the Arbitration Rules of the SIAC (“Rules”), which came into effect on 1 January 2025. Much has already been written on various aspects of the draft Rules during the consultation…

Culture, Emergency Arbitration, Emergency Arbitrator, Japan, Risk Management, Settlement

(Nishimura & Asahi), (Mori Hamada & Matsumoto), and (Anderson Mori & Tomotsune)/ /Leave a comment
YSIAC

On the opening day of the inaugural Japan International Arbitration Week, November 18, 2024, YSIAC held a panel discussion titled “Arbitration as an Advantage: Strategic Use of International Arbitration for Business Success,” in Tokyo, Japan, bringing together leading in-house counsel and private practitioners to discuss the strategic use of international arbitration by companies across various…

Emergency Arbitration, Emergency Arbitrator, Ex Parte Relief, Preliminary Orders, Protective Preliminary Orders, SIAC, SIAC Rules 2025, Singapore, Singapore International Arbitration Centre

(Singapore International Arbitration Centre)/ /Leave a comment
Singapore International Arbitration Centre (SIAC)

Emergency arbitration (“EA”) was initially introduced as a procedural tool on an opt-out basis in arbitrations under the American Arbitration Association-International Centre for Dispute Resolution Rules. In 2010, the Singapore International Arbitration Centre (“SIAC”) became the first institution based in Asia to introduce EA provisions in its arbitral rules. This has since been followed by…

Emergency Arbitrator, English Arbitration Act, English Law

(Khan Saifur Rahman & Associates)/ /Leave a comment

Following the recommendations of the Law Commission of the UK (here, here and here), the English Arbitration Act 1996 (EAA) is presently undergoing a substantial reform phase after nearly 27 years. The Arbitration Bill is now before the House of Lords. As appears from the Arbitration Bill and the Commission’s recommendations, the English arbitration law…

Amparo, Bolivia, Emergency Arbitrator, Latin America, Set aside an international arbitral award

(Wayar & von Borries)/ /Leave a comment

Generally, by virtue of the principle of territoriality, the national courts of a State have jurisdiction only over persons and acts committed within the territory. In this context, the national courts of a State do not have jurisdiction to set aside an award or an order issued in the context of an arbitration whose seat…

Chile, Emergency Application, Emergency Arbitrator, interim relief, Latin America

, (Claro & Cia)/ /Leave a comment

On 11 August 2023, the Santiago Arbitration and Mediation Center (“CAM Santiago”) – Chile’s main arbitration center – presented its new regulation on emergency arbitration, which was incorporated into the 2021 National Arbitration Rules (the “CAM Santiago Arbitration Rules”). The amended version of these rules also came into effect recently, on 1 September 2023.  …

Case Management, Consolidation, Early Dismissal, Emergency Arbitrator, Expedited Proceedings, Preliminary Ruling, SIAC

(JSA, Advocates & Solicitors) and / /Leave a comment

On 22 August 2023, the Singapore International Arbitration Centre (“SIAC”) published the Draft 7th Edition of the SIAC Rules (the “Draft Rules”) for public consultation. The Draft Rules introduce several noteworthy changes as part of a concerted effort to “raise the bar on efficiency, expedition, and cost-effectiveness” (see SIAC Registrar’s Report). The public consultation period…

Emergency Arbitrator, Enforcement, Interim measures, Italy

(Freshfields) and / /Leave a comment

The recent reform of Italian arbitration law, which went into effect on 28 February 2023, has finally put an end to the historical prohibition for Italian-seated sole arbitrators and arbitral tribunals to grant interim measures. This ban was one of the most atypical features of Italian arbitration law (which is still found only in very…

ADR, Arbitration Act, Brazil, Brazilian Arbitration Act, Emergency Arbitrator, ICC, Latin America

(JBLEE Advogados)/ /Leave a comment

In 2023, the ICC International Court of Arbitration (“ICC Court”) celebrated 100 years as the world’s leading arbitral institution. To celebrate this milestone, on 25 May 2023, the ICC Court and the National Committee of Brazil (“ICC Brazil”) organized the First ICC Arbitration Conference in the South of Brazil (“ICC South Conference”). The ICC South…

Emergency Application, Emergency Arbitrator, Interim measures, interim relief, SCC, SCC Rules

, (Magnusson) and (SCC Arbitration Institute)/ /Leave a comment

Readers of this blog need little convincing of the advantages of arbitration over litigation. Historically, one of the hold-out trump cards of litigation was the possibility of court-ordered (and thus, enforceable) interim relief. Having identified this problem, the SCC Arbitration Institute in 2010 was among the first arbitral institutions to introduce rules allowing the parties…

2022 in Review, Emergency Application, Emergency Arbitrator, Enforcement, Group of Companies Doctrine, India, Institutional Arbitration, Non-signatory

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In recent years, arbitration in India has grappled with numerous challenges.  Recalcitrant parties knocking on the doors of trigger-happy courts ensured, unfortunately, that arbitration was viewed with mistrust in India.  However, the changes observed in the last few years, including those discussed in our prior year in review posts focused on India (see here, here…

Arbitration Award, Emergency Arbitrator, Enforcement, Singapore

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On 7 October 2022, the High Court of the Republic of Singapore (“High Court”) delivered a landmark decision on the enforceability of foreign emergency arbitration awards in CVG v CVH. The High Court rejected the enforceability of the emergency award on the ground of procedural irregularity, reinforcing the importance of due process even in cases where…

Australia, Australian Arbitration Week, Emergency Application, Emergency Arbitrator, Emergency Measure, Injunction, Interim measures, Interim Orders, interim relief

, , , (Corrs Chambers Westgarth)/ /Leave a comment

The annual “Great Debate” took place on the fourth day of Australian Arbitration Week. This event, organised with the support of hosting sponsor Corrs Chambers Westgarth, has now become a mainstay of Australian Arbitration Week, and involves a lively comedic debate between Team Arbitration and Team Litigation about which method of dispute resolution should reign…

Arbitration clause, China, Climate change, Corruption, Emergency Arbitrator, Hong Kong, Impecuniosity, India, Interim measures, Philippines, Transparency

, / /Leave a comment

At the recent hybrid 7th ICC Asia-Pacific Conference on International Arbitration (the “Conference”), a palpable sense of happiness and community resonated throughout the day.  Mr Justin D’Agostino (Global CEO, Herbert Smith Freehills, Hong Kong) moderated the first panel discussion in a quick fire manner on recent arbitration developments in the Asia-Pacific region with leading practitioners…

Emergency Arbitrator, Enforcement, India, Interim measures

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 In August 2021, the Indian Supreme Court (‘Court’) in Amazon v. Future found an emergency award rendered in an arbitration seated in India (New Delhi) to be enforceable as if it were an interim order of an arbitral tribunal under Section 17(1) of the Arbitration and Conciliation Act (“Act”). The Court also found that such…

Emergency Arbitrator, Enforceability, Enforcement, India

/ /1 Comment

Recently the Supreme Court of India in Amazon.com NV Investment Holdings Inc. v. Future Retail Ltd, (“Amazon v. Future”) took a progressive step by enforcing an emergency order/award rendered by an emergency arbitral tribunal appointed by Singapore International Arbitration Centre (“SIAC”). The Court held that the term ‘arbitral tribunal’ contained in section 17 of the…

Emergency Arbitrator, Enforcement, SCC Rules, Ukraine

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The institution of emergency arbitration (EA), in general, and its usage in investment treaty-based disputes, in particular, is a relatively new procedural tool. In investment disputes, EA has reportedly been carried out in practice only under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Rules”). Conducting EA proceedings in…

Annulment, Applicable Law, Arbitrator Challenges, Emergency Arbitrator, Taiwan, UNCITRAL Model Law

(The Arbitration Chambers and Bond University)/ /Leave a comment

Although Taiwan’s legislative and judicial practices already conform to the spirit of the New York Convention (“Convention”) and the Model Law, it appears that non-Taiwanese parties nevertheless remain hesitant to arbitrate in Taiwan. The necessity of becoming a Model Law jurisdiction arises from Taiwan’s inability to accede to the New York Convention. Hence an institutional…

BAC, China, CIETAC, Emergency Arbitrator, HKIAC, Hong Kong, Interim measures, interim relief

(Hong Kong International Arbitration Centre)/ /Leave a comment

In 2019, Mainland China and Hong Kong entered into a groundbreaking bilateral arrangement regarding interim measures for arbitration, i.e., Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (the “Arrangement”).1)Thanks to Lingming Xu for his contribution to…

Emergency Arbitrator, Kluwer Podcast

(Stockholm University)/ /Leave a comment

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,…

Confidentiality, Consolidation, DIFC, Emergency Arbitrator, Expedited Proceedings, LCIA Rules, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

At the dawn of the New Year, following their adoption in November 2020, the revised DIFC-LCIA Rules of Arbitration (the “2021 DIFC-LCIA Rules”) have now entered into force with effect from 1st January 2021. Readers of this blog will recognise the DIFC-LCIA as the free zone sister organization of the London Court of Arbitration (LCIA)…

Court Proceedings, Emergency Arbitrator, Germany, Preliminary relief

(DLA Piper)/ /2 Comments

Introduction An emergency by definition is a “sudden serious and dangerous event” that requires “immediate action”. For instance, shareholder A needs to prevent shareholder B from publicizing confidential information that will negatively affect the share price. Shareholder A finds herself in an emergency situation and needs to act immediately. According to a recent decision of…

Arbitration, Disclosure, Domestic Courts, Emergency Arbitrator, Public Procurement, State Aid, Tender Dispute, UNCITRAL Model Law

, (Freshfields Bruckhaus Deringer LLP)/ /Leave a comment

Competitive tendering for construction and engineering contracts is an essential element of business for the industry. Huge expenditure is devoted to public infrastructure projects and effective competition is essential to achieve value for money and appropriate use of public funds. The World Bank estimates that Governments worldwide spend US$9.5 trillion in public contracts every year….

Emergency Arbitrator, ICC Rules, Israel

, (Gornitzky & Co)/ /Leave a comment

It is a generally accepted rule that while state courts have concurrent jurisdiction to hear and decide motions for interim relief prior to the constitution of an arbitral tribunal, they will only maintain such concurrent jurisdiction in appropriate or exceptional cases following such constitution. The ICC Rules are unique in the sense that they apply…