FOR A QUICK DECISION ON INTERIM MEASURES
If there is a need for a prompt interim decision, a party may apply for an Emergency Arbitrator and receive a decision within 5 days.
If a decision on interim measures is needed to provisionally ensure a party's claim, before the commencement of an arbitration, the party may apply to the SCC for the appointment of an Emergency Arbitrator in accordance with the SCC Rules .
Upon filing the application for an Emergency Arbitrator, the applicant must pay a registration fee to the SCC. A copy of the application is sent by the Secretariat to the opposing party as soon as the application is received and payment of the registration fee has been made. The SCC will seek to appoint an Emergency Arbitrator within 24 hours of receiving the application and any emergency decision on interim measures shall be made not later than 5 days from the date upon which the application was referred to the Emergency Arbitrator.
An emergency decision is binding on the parties when rendered but may be amended or revoked by the Emergency Arbitrator upon the request of a party.
An arbitrator or arbitral tribunal is not bound by the decision or decisions made by the Emergency Arbitrator and may decide that the emergency decision or decisions shall cease to be binding. Furthermore, an emergency decision ceases to be binding if an arbitration procedure is not commenced within 30 days, alternatively the case has not been referred to an arbitrator or arbitral tribunal within 90 days, from the date of the emergency decision.
Read the latest practice note on emergency arbitrator decisions rendered 2015-2016
