The 2012 ICC Arbitration Rules, more commonly known as ‘the Rules,” offer a procedure for parties to seek urgent temporary relief. This procedure offers a short-term solution for parties that are unable to wait for the constitution of an Arbitral Tribunal. Any emergency measure granted takes the form of an order. The order may be later revisited by the Arbitral Tribunal once constituted.
Here you will understand the relevant provisions of the Rules and how to begin an emergency arbitrator procedure.
Scope of the Rules
Pursuant to Article 29 of the Rules and Appendix V (“Emergency Arbitrator Provisions”), a party that needs urgent interim measures (“Emergency Measures”) that cannot await the constitution of an arbitral tribunal may make an application to the Secretariat of the ICC International Court of Arbitration (“Secretariat”).
The Emergency Arbitrator Provisions apply only to parties that are signatories to the arbitration agreement that is relied upon for the application or successors to such signatories.
The Emergency Arbitrator Provisions do not apply if:
- the arbitration agreement under the Rules was concluded before 1 January 2012;
- the parties have opted out of the Emergency Arbitrator Provisions (see the Standard ICC Arbitration Clauses); or
- the parties have agreed to another pre-arbitral procedure that provides for the granting of conservatory, interim or similar measures.
Finally, parties may agree that the Emergency Arbitrator Provisions apply to arbitration agreements concluded before 1 January 2012.
How to apply for emergency measures (“Application”)
Step 1: Familiarise yourself with the Emergency Arbitrator Provisions by reviewing article 29 of the Rules and Appendix V – Emergency Arbitrators Rules.
Step 2: Inform the Secretariat as soon as possible and preferably before submitting an Application.
If the Application for Emergency Measures precedes the Request for Arbitration, please call our:
- Paris office at +33 1 49 53 28 78; or
- Hong Kong office at +852 3607 5601; or
- New York office at +1 646 699 5704; or
- send an email to: email@example.com.
This email address should only be used for submissions or questions related to a submission of an Application for Emergency Measures. General questions with respect to the application of the ICC Arbitration Rules, including the Emergency Arbitrator Provisions, should be addressed to firstname.lastname@example.org.
If the Application is related to an on-going arbitration, contact the ICC Case Management Team to which the arbitration has been assigned.
Step 3: Submit the Application by email to: email@example.com.
Step 4: Include proof of payment with the Application. This include the Cost of an Emergency Arbitrator Proceeding, which is US$40,000. It is preferred that the payment for this amount be made by wire transfer per the following payment instructions.
ICC can also accept payment by bank cheque, (not a personal cheque), to the order of the International Chamber of Commerce.
Step 5: Ensure the Application is written in the correct language. The application must:
- be submitted in the language of the arbitration; or
- in the absence of an agreement on the language of arbitration, then use the language of the arbitration agreement.
Step 6: Ensure the Application contains the correct information. This includes:
- the full name, description, address and other contact details of each of the parties;
- the full name, address and other contact details of any person(s) representing the applicant;
- a description of the circumstances giving rise to the Application and of the underlying dispute referred or to be referred to arbitration;
- a statement of the Emergency Measures sought;
- the reasons why the applicant needs urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal;
- any relevant agreements and, in particular, the arbitration agreement;
- any agreement as to the place of the arbitration, the applicable rules of law or the language of the arbitration;
- proof of payment of the amount referred to in Article 7(1) of Appendix V; and
- any Request for Arbitration and any other submissions associated with the underlying dispute that has been filed with the Secretariat by any of the parties to the emergency arbitrator proceedings prior to the making of the Application.