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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 relief1 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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