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ARTICLE · 24 AUGUST 2017

The Emergency Arbitrator Provisions In The ICC Arbitration Rules

McDermott Will & Emery
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These provisions render ICC arbitration more attractive than certain other forms of arbitration as they avoid potential vacuums of jurisdiction.

United StatesLitigation, Mediation & Arbitration
McDermott Will & Emery
McDermott Will & Emery
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The ICC's current version of the rules of arbitration ("2017 ICC Rules"), which came into effect on March 1, 2017, include "Emergency Arbitrator Provisions" providing for urgent interim measures by a so-called "emergency arbitrator." Such measures, which include preserving the status quo and conserving evidence, can be ordered by the emergency arbitrator in circumstances where the full arbitral tribunal has not been constituted and is therefore not itself empowered to order such measures. These provisions render ICC arbitration more attractive than certain other forms of arbitration as they avoid potential vacuums of jurisdiction.

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