Introduction of emergency arbitrator procedures

The emergency arbitrator procedure refers to a system that provides emergency relief to the parties before the formation of the arbitral tribunal through the adoption of provisional measures by the emergency arbitrator. Emergency arbitrator procedures have been laid down by major international arbitration institutions. In China, the Arbitration Rules of the China (Shanghai) Pilot Free Trade Zone (2014) took the lead in introducing this mechanism. Soon afterwards, the China International Economic and Trade Arbitration Commission (CIETAC) and Beijing Arbitration Commission (BAC) also specified the procedures in their 2015 arbitration rules, respectively.

In accordance with established practice, arbitration institutions must, upon or after acceptance of relevant applications from the parties, designate an emergency arbitrator who will make decisions on emergency interim relief based on the particular circumstances of the parties. The decision shall be binding upon both parties. If the law provisions of the state where the award was issued or executed empower enforceability to the decisions of emergency arbitrators, the applicant may seek further enforcement of the emergency relief via a competent court. The operational mechanism of the emergency arbitrator procedures of major international arbitration institutions are summarized below:

The start of procedures. In practice, it may take a month or more from the filing of the arbitration application to the formation of the arbitral tribunal. In the meantime, it is important to seek effective relief if the evidence is being eliminated or the legitimate rights and interests of a party are being unlawfully infringed.

Ada Zhang is an associate of Martin Hu & Partners