Rules and Procedures

Emergency Arbitrator

What is an Emergency Arbitrator? The ICC Arbitration Rules offer an efficient procedure for parties to seek emergency measures. 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.

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

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”) 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. 

The Emergency Arbitrator Provisions do not apply if: 

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 and the Note to the Parties and Arbitral Tribunals on the Conduct of Arbitration. 

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 

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 on-going arbitration, contact the ICC Case Management Team to which the arbitration has been assigned. 

Step 3: Submit the Application by email to: emergencyarbitrator@iccwbo.org

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: 

Step 6: Ensure the Application contains the correct information. This includes: