Emergency Arbitrator

What do the Emergency Arbitrator Provisions under the ICC Rules provide for? 

Scope of the Emergency Arbitrator Provisions

Pursuant to Article 31 of the Rules and Appendix IV (“Emergency Arbitrator Provisions”), a party that needs urgent interim measures (“Emergency Measures”) which 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, or any party for whom the President is satisfied that an arbitration agreement binding such party may exist.

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 Standard ICC Arbitration Clauses); or 
• the arbitration agreement upon which the arbitration is based arises from a treaty or an investment protection law.  

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 31 of the Rules and Appendix IV – Emergency Arbitrators Provisions and the Note to Parties and Arbitral Tribunals on the Conduct of ICC Arbitration.

Step 2: Inform the Secretariat of your intention to file an Application as soon as possible and preferably before submitting the Application. 

Step 3: 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 4: Ensure the Application contains the correct information. This includes: 

• the full name, description, address and other contact details of each party; 
• 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 Emergency Measures; 
• 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 in the Schedule of Fees; and 
• any Request for Arbitration and any other submissions in connection with the underlying dispute, which have been filed with the Secretariat by any of the parties to the emergency arbitrator proceedings prior to the making of the Application. 

Step 5: Submit the Application be email.

If the Application for Emergency Measures precedes the Request for Arbitration, please submit the Application by email to: emergencyarbitrator@iccwbo.org  

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 arb@iccwbo.org.  

If the Application is related to an ongoing arbitration, please submit the Application directly to the ICC Case Management Team to which the arbitration has been assigned.  

Step 6: Include proof of payment with the Application. The cost of an Emergency Arbitrator Proceeding is US$50,000. 

Before proceeding to payment, Applicant parties should consult the Explanatory Note on VAT Applicable on ICC Administrative Expenses to verify whether French value-added tax (“VAT”) will be payable on their ICC administrative expenses. When VAT is applicable (e.g., for Applicant parties established in France) a non-refundable filing fee of US$52,500 is requested.    

Payment can be made by wire transfer. Additional information on payments to ICC, including payment details are available here. 

ICC can also accept payment by bank cheque, (not a personal cheque), to the order of the International Chamber of Commerce.