The Commencement of Emergency Arbitration

Abstract This chapter details the process for commencement of emergency arbitration. Prior to the commencement of emergency arbitration, an analysis should be conducted on three issues: the applicability of emergency arbitration rules; the jurisdiction of the emergency arbitrator; and the admissibility of the prospective claim for emergency relief. If the answer to any of these three issues is in the negative, then emergency arbitration is not an option. If, however, the answer to all three of these issues is in the affirmative, then the forum of emergency arbitration is available for the applicant to seek urgent relief. There are then four further matters which require consideration. The first matter concerns the commencement of arbitration on the merits of the applicant's underlying substantive claims. The second matter concerns the appropriateness of emergency arbitration versus an application before a national court of competent jurisdiction. The third matter concerns the impact on settlement prospects. Finally, the fourth matter concerns filing requirements and costs. Consideration of these four matters may tip the balance either in favour of or against emergency arbitration, or an application for urgent relief before a court of competent jurisdiction.