New SCC Practice Note on emergency arbitrator decisions 2023-2025
This report provides an overview of recent emergency arbitrator decisions rendered under the SCC Rules, alongside reflections marking 15 years since the SCC became the first major international arbitration institution to introduce the emergency arbitrator mechanism in 2010.
Published
Building on previous SCC practice notes, the publication aims to enhance transparency and understanding of emergency arbitration by summarising recent jurisprudence, highlighting procedural features, and identifying emerging and consolidating trends. It focuses primarily on commercial arbitration, with limited reference to investment disputes where appropriate.
Since its introduction, the SCC’s emergency arbitrator mechanism has become a well-established tool for parties seeking urgent interim relief before the constitution of an arbitral tribunal. The new Practice Note offers both practical insight and a broader institutional perspective on how the mechanism has developed in practice.
Key trends from emergency arbitrator decisions 2023–2025
Between 2023 and 2025, the SCC received 11 applications for the appointment of an emergency arbitrator, four in both 2023 and 2024, and three in 2025. Of these, two applications were granted in full, three were granted in part, five were denied, and one was dismissed for lack of jurisdiction. These outcomes demonstrate that emergency arbitrators continue to apply high standards when considering applications.
The decisions confirm a continued and consistent application of well-recognised standards governing interim relief. Emergency arbitrators during this period largely assessed requests against established criteria: a reasonable possibility of success on the merits (prima facie case), risk of irreparable harm, urgency, and proportionality. The majority of emergency arbitrators applied these standards, with some variations, alongside guidance from the UNCITRAL Model Law on International Commercial Arbitration.
As in earlier periods, the most challenging requirement for applicants remained the demonstration of irreparable harm, which was found to be absent in six cases, followed closely by urgency. By contrast, applicants were more often able to establish a prima facie case. This demonstrates that emergency arbitrators are able to conduct careful, fact-intensive analyses even within tight deadlines.
The decisions also reflect the diversity of disputes brought before the SCC. The parties involved covered a broad range of nationality, geography, industry, and sector, and included public and private entities, as well as states. During the period 2023–2025, parties from 11 different countries participated in applications, and emergency arbitrators of six different nationalities were appointed. Seven out of ten cases were international, whilst the remaining three were domestic Swedish disputes. The types of relief sought varied considerably, spanning sectors such as construction, energy, intellectual property, corporate transactions, and shareholder disputes.
Efficiency, integrity, and due process in emergency arbitration
The Practice Note highlights a marked improvement in the procedural efficiency of emergency arbitration at the SCC. In 2023–2025, 80 per cent of emergency decisions were rendered within the five-day time limit prescribed by the SCC Rules, compared to only 54 per cent during 2019–2022. The average time for rendering an emergency award was 5.3 days after the case was referred to the emergency arbitrator.
Upon receiving an application, the SCC immediately notifies the counterparty and seeks to appoint an emergency arbitrator within 24 hours. To facilitate this, the SCC has a dedicated email address for emergency arbitrator applications that is monitored during evenings and weekends, all year round.
– Sara Catoni, General Counsel and Director of the Swedish Association of Local Authorities and Regions (SKR)It is a reliable process where both sides are heard, and the case is well analysed. It is impressive that the whole process including the decision takes only five days.
The Practice Note also addresses investment disputes, noting that whilst applications for emergency arbitrators in this context remain rare, they continue to raise distinct procedural considerations. The SCC received two such applications during the period. Notably, one case marked the first instance in which the SCC increased the fee of an emergency arbitrator, reflecting the exceptional scope and intensity of the proceedings. The emergency arbitrator requested the increase as the proceedings had been exceptionally extensive, involving a combined total of four written submissions (totalling 115 pages), 132 factual exhibits, 90 legal exhibits, and a supplement to the emergency award. This development demonstrates the SCC’s flexibility and responsiveness to exceptional circumstances whilst maintaining fairness in compensating arbitrators for their work.
Reflecting on 15 years of emergency arbitration at the SCC
The publication coincides with the 15-year anniversary of emergency arbitration at the SCC. In 2010, the SCC was the first major international arbitration institution to provide for the appointment of an emergency arbitrator when it added Appendix II to the SCC Arbitration Rules and SCC Rules for Expedited Arbitration. This pioneering step positioned the SCC at the forefront of procedural innovation in international arbitration and established a model that has since been adopted by arbitration institutions worldwide.
Over the past 15 years, the emergency arbitrator mechanism has evolved from a novel procedural tool into a mature and well-understood component of the arbitration landscape. As the SCC marks 15 years of emergency arbitration and almost 70 applications, the mechanism has proven to be a reliable and efficient tool for parties seeking urgent interim relief in both commercial and investment arbitration contexts.
A review of the jurisprudence confirms that emergency arbitration at the SCC has matured into a reliable and effective mechanism for addressing urgent issues. Whilst the threshold for obtaining emergency relief remains high, the process consistently delivers timely decisions grounded in well-established legal standards. The 2023–2025 period confirms that whilst obtaining emergency relief remains challenging, the process continues to deliver timely decisions whilst maintaining rigorous standards.
Looking ahead, the SCC reaffirms its dedication to continuous improvement and innovation in dispute resolution. The SCC remains committed to maintaining a robust, efficient, and fair emergency arbitrator framework. By continuing to publish practice notes and share institutional experience, the SCC seeks to support users, arbitrators, and counsel in navigating emergency arbitration and to contribute to the ongoing development of international arbitration practice.