The Conduct of an Emergency Arbitration

Abstract This chapter details the conduct of an emergency arbitration following its commencement and the appointment of the emergency arbitrator. Emergency arbitration is a flexible procedure. An emergency arbitrator has a wide discretion to conduct proceedings in the manner deemed appropriate for the circumstances of the case, provided that the parties have a reasonable opportunity to be heard, the decision is rendered within the short timeframe prescribed by the applicable arbitration rules, and the proceedings are conducted in accordance with the parties' agreement and any applicable mandatory laws. If inappropriate procedural decisions are taken, or the emergency arbitrator does not take control over the conduct of proceedings, the procedure has the potential to be derailed. Thus, in exercising the wide procedural discretion, the emergency arbitrator must seek to instil discipline and control over the proceedings from the outset.