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Emergency arbitrator

– for quick interim decisions 

If you suspect that the other party intends to take measures that could cause damage or sabotage future arbitration, it may be necessary to quickly apply for provisional or interim safety measures. The SCC rules for emergency arbitrator are an effective way of doing this. 

Decision within five days  

The SCC emergency arbitration procedure is the same as for traditional arbitration, but much faster. The applicant submits the application and then pays a registration fee to the SCC. Once the application has been received, we will send a copy to the other party and appoint an emergency arbitrator within 24 hours (from the time the application is complete). Once the arbitrator is appointed, they take charge of the case and then have five days to decide.  

Once the emergency decision has been issued, it is binding on both parties. However, the decision may in certain situations be changed or set aside by the interim arbitrator. An arbitral tribunal is also not bound by the decision or the reasons given by the emergency arbitrator, but may decide that the emergency decision should cease to be binding.   

If arbitration has not been initiated within 30 days of the emergency decision being issued, the decision will cease to be binding. The same applies if the case has not been referred to an arbitration panel within 90 days.   

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The what, when and how of emergency arbitration at the SCC