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Emergency Measures - What are your thoughts?

Taking direction from the courts and clients, various arbitral institutions have introduced emergency measures within their rules. Are such measures necessary and effective? Does one forum provide greater success with emergency relief - as between courts and arbitral institutions, and as between international and domestic? Why?

Please provide your thoughts/comments below.

Comments (2)

Necessary? No. Desirable? Yes. It can prevent a claimant from filing a lawsuit to get a restraining order before filing for arbitration, or at least saving the preliminary injunction state for arbitration. How effective these measures are depends more on the efficiency of counsel than on the forum or the arbitrator.

Emergency measures, such as the appointment of emergency arbitrators, are necessary to satisfy user needs in certain cases. Such measures help fulfill the promise that arbitration can provide efficient, skilled and fair resolution without resort to the courts. Emergency measures may be critical in the international context when local courts cannot be relied on to provide fair, timely or effective relief. Of course enforcement is always an issue, particularly in international cases, but emergency measures can be as effective or more effective than court relief in many cases and should be valued as an additional tool for user consideration.

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This page contains a single entry from the blog posted on April 11, 2017 10:52 AM.

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