Emergency arbitrator

Key features of emergency arbitration at the SCC

An emergency arbitrator is appointed within 24 hours once the application is complete and payment is received.

The emergency arbitrator renders a decision within five days of their appointment.

The decision is binding on the parties once issued. However, it can later be amended or revoked by the arbitral tribunal in the main proceedings, or by the emergency arbitrator under certain circumstances. (If no arbitration is commenced within 30 days of the emergency decision, or if the case is not referred to an arbitral tribunal within 90 days, the emergency decision ceases to be binding.)

The rules for emergency arbitration administered by the SCC are attached as Appendix II to both the SCC Arbitration Rules and the SCC Expedited Arbitration Rules. If the parties’ contract refer disputes to arbitration under any of these rules, a party to the contract may have an emergency arbitrator appointed.

How to commence an emergency arbitration

1. Prepare the application
   • Clearly state the urgent measures you seek and why they are necessary.
   • Attach proof of payment of the registration fee.
2. Send the application
   • Email your completed application to emergencyarbitrator@sccarbitrationinstitute.com.
   • If possible, notify the SCC in advance that your application is on its way. Use the abovementioned email address for such notification.
3. Appointment of the emergency arbitrator
   • Once the application is deemed complete and the fee is paid, the SCC appoints an emergency arbitrator within 24 hours.
4. The emergency arbitrator renders a decision
   • The decision is to be rendered within five days. The SCC may grant an extention of time.

Additional resources

SCC Practice Note, Emergency Arbitrator Decisions rendered 2019-2022

SCC Practice Note, Emergency Arbitrator Decisions rendered 2017-2018

SCC Practice Note, Emergency Arbitrator Decisions rendered 2015-2016