The pre-arbitral referee procedure is specially designed to meet the needs of emergency cases requiring provisional measures on an urgent notice.
Not all contracts run their course as they should. Sometimes problems can emerge and require immediate attention. Our pre-arbitral procedure is intended to function as a convenient alternative, independent of a court or arbitral tribunal, to allow parties a rapid option for an empowered person to make an order on an urgent issue.
When difficulties arise in contractual relationships, the pre-arbitral procedure allows parties to apply for a “referee” for urgent provisionals measures—prior to referral to arbitration. To begin the process, a written agreement between the two parties is needed. This can be done either as part of the relevant contract or afterwards. In the absence of any written agreement, the urgent measures may be requested to a judicial court or to an emergency arbitrator following the ICC Rules of Arbitration.
The pre-arbitral procedure is not a substitute for arbitration or state courts with respect to the substance of a dispute. Instead, it is simply a way of rapidly getting an urgently required temporary measure. The “Referee,” who is either chosen by the parties or appointed by the President of the Court, has the power to order provisional conservatory measures before a court or arbitral tribunal is seized on the merits.