The Emergency Arbitrator

Abstract This chapter examines the status, appointment, and removal of the emergency arbitrator. In an emergency arbitration, all power is concentrated in the emergency arbitrator as the sole decision-maker. The emergency arbitrator must provide justice on the run, by determining the application within narrowly prescribed timeframes, and making snap decisions that may have significant consequences for the parties. Thus, the identity of the emergency arbitrator is critical to the smooth conduct of proceedings and, more importantly, to ensuring the correct decision on the application is reached. The emergency arbitrator is appointed within a rapid timeframe, and generally without party input. However, the emergency arbitrator has been identified to have various legal peculiarities. Nevertheless, the status of the emergency arbitrator does not impact on the conduct of proceedings. This issue only comes to the fore in the context of enforcement of the emergency arbitrator's decision.