The 2012 ICC Rules of Arbitration (“Rules”) offer a procedure for parties to seek urgent interim relief that cannot await the constitution of an arbitral tribunal.
Any emergency measure granted takes the form of an order, which may be later revisited by the arbitral tribunal, once constituted. This page describes relevant provisions of the Rules and explains how to commence an emergency arbitrator procedure.
Pursuant to Article 29 of the Rules and Appendix V (“Emergency Arbitrator Provisions”), a party that needs urgent interim measures (“Emergency Measures”) that cannot await the constitution of an arbitral tribunal may make an application to the Secretariat of the ICC International Court of Arbitration (“Secretariat”).
The Emergency Arbitrator Provisions apply only to parties that are signatories to the arbitration agreement that is relied upon for the application or successors to such signatories.
Furthermore, the Emergency Arbitrator Provisions shall not apply if:
Finally, parties may agree that the Emergency Arbitrator Provisions apply to arbitration agreements concluded before 1 January 2012.