Issuance of Interim Measures by an Emergency Arbitrator

The proceedings concerning the issuance of interim measures by an emergency arbitrator affect their enforceability. The issuance will be discussed in this chapter from both procedural and substantial perspectives, the jurisdiction of an emergency arbitrator, the categories and limitations of the interim measures granted by an emergency arbitrator, and necessary legal criteria when granting interim measures in emergency arbitration. Regarding jurisdiction, as long as an emergency arbitrator does not violate the mandatory law applicable to arbitration, he or she has jurisdiction to issue interim measures in accordance with the agreement between the parties. Since there are no universal standards applied, with the help of the existing available emergency arbitration cases published by arbitral institutions, mainly the SCC and the ICC, four legal criteria are suggested as international standards to guide the issuance of interim measures, i.e., a prima facie jurisdiction over a dispute, a good arguable case, proof of urgency, and proportionality of the claim.