Enforcement of the Emergency Arbitrator’s Decision

Abstract This chapter addresses the enforceability of the emergency arbitrator's decision. There is no doubt that the emergency arbitrator's decision is contractually binding on the parties. In consenting to emergency arbitration, the parties have also consented to be bound by the emergency arbitrator's decision. There has been a high incidence of compliance with emergency arbitrator decisions. Nonetheless, the risk of a party's non-compliance with the emergency arbitrator's decision cannot be discounted. Compliance cannot be guaranteed, and it may need to be compelled. If this need arises, the legal enforceability of the emergency arbitrator's decision becomes pivotal. The key issue is whether an emergency arbitration decision constitutes an award within the terms of the New York Convention, albeit whether an emergency arbitrator decision is enforceable is a question for the law of the place of enforcement. Presently, the enforceability of emergency arbitrator decisions is only expressly recognised in the arbitration laws of a handful of jurisdictions.