A Study On The Value Of Emergency Arbitrator Procedure In International Commercial Arbitration

In most business cases, it is usual practice for international commercial disputesto require, as the first move in the dispute settlement process, emergency reliefs toprevent the estate transfer or preserve considerable evidence.Arbitration rulestypically permit the tribunal to order conservatory relief, however,it is of little usewhen the tribunal has not yet been constituted. While an application for such reliefmay usually be made to the courts, court proceedings can be time-consuming andunpredictable.But-importantly-parties have often chosen arbitration precisely toavoid being left at the mercy of one party’s judiciary.Therefore, most leading arbitralinstitutions modified the rules by adopting the emergency arbitrator proceedings toprovide a valid way for obtaining interim measures before the constitution of thearbitral tribunal in recent yeas. This article analyses the reasons why it has become atrend to adopting emergency arbitrator proceedings and the features of these newthings. It examines the practice of such proceedings and the coping strategies that theclaimant or respondent need to take into account in emergency arbitratorproceedings.It also provides an analysis on the the attitude of China towardsemergency arbitrator proceedings.