The Emergency Arbitrator’s Decision

Abstract This chapter describes the emergency arbitrator's decision, which may take the form of an order or award. The challenge for the emergency arbitrator is to produce a principled and coherent decision within the prescribed timeframes, and to ensure this complies with formal requirements set out in the applicable rules. The core obligation as regards the emergency arbitrator's decision is that the emergency arbitrator should ensure that the emergency arbitration decision is valid. The majority of Emergency Arbitration Rules expressly recognise that the decision of the emergency arbitrator binds the parties when it is rendered. However, the emergency arbitrator and the arbitral tribunal are empowered to revisit that decision. Following the emergency arbitrator's decision, a party has three options to challenge it: before the emergency arbitrator; before the arbitral tribunal; or in enforcement proceedings before a national court. The chapter also considers the provisions concerning the automatic expiration of emergency arbitrator decisions, as well as the determination and allocation of the costs of the proceedings.