The Seat of Emergency Arbitration

Abstract This chapter focuses on the limited role of the seat of emergency arbitration. It begins by exploring the concept of transnational norms in international arbitration, how these have been applied in the context of emergency arbitration, and whether this application is appropriate. The acceptance of a greater role for the application of transnational norms in emergency arbitration impacts on the significance of the role of the seat of emergency arbitration, and in particular, on the relevance of the lex arbitri to the proceedings. Given the limited mandate of the emergency arbitrator to determine whether urgent relief is required prior to tribunal formation, the courts of the seat of emergency arbitration are also not required to support the emergency arbitration process, although it is possible that they may be called upon to determine a challenge to the emergency arbitrator. However, the nationality of the emergency arbitrator's decision, if it is seen to constitute an award, may be relevant for enforcement purposes. The chapter then looks at the designation and the legal significance of the seat of emergency arbitration.