Comparison Among Institutional Arbitration Rules

Many arbitral institutions have adopted the emergency arbitrator mechanism in their rules. This chapter compares six selective arbitral institutions regarding the emergency arbitrator proceedings, i.e., the ICC, the ICDR, the HKIAC, the LCIA, the SIAC, and the SCC. This comparison starts with a general introduction to these arbitral institutions and current statistics regarding emergency arbitrator cases. A detailed comparison of the different stages of the emergency arbitrator procedure will be carried out, including the application to initiate the emergency arbitrator mechanism, the appointment of an emergency arbitrator, the emergency arbitration proceedings, the decision of an emergency arbitrator, and the costs of emergency arbitration. The discussion establishes a common procedural framework for the discussion in the following chapters. A brief introduction is also given to alternative solutions for interim measures before the constitution of an arbitral tribunal other than the emergency arbitrator mechanism in the institutional arbitration rules.