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CHAPTER 15 Emergency arbitration and the interplay with other pre-arbitral mechanisms

Transnational Construction Arbitration

Page 249 CHAPTER 15 Emergency arbitration and the interplay with other pre-arbitral mechanisms Emergency arbitration and the interplay with other pre-arbitral mechanisms Patricia Shaughnessy Introduction 15.1 During the past decade, so-called ‘emergency arbitration’ has developed across the globe to provide expedited urgent arbitral interim relief 1 to parties who have agreed to arbitrate their dispute pursuant to an arbitral institution’s rules that include this procedure. Arbitral institutions have provided for emergency arbitration in their rules to fill the gap between the time when the relief is needed and when the ‘regular’ arbitral tribunal can be constituted. This allows parties to avoid seeking urgently needed relief from a national court, which may provide a less attractive venue for parties who have agreed to arbitrate. The development of emergency arbitration has contributed to the autonomy and effectiveness of arbitration.

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