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.

Scope of Rules (Article 29 and Appendix V)

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:

• the arbitration agreement under the Rules was concluded before 1 January 2012;
• the parties have opted out of the Emergency Arbitrator Provisions (see the Standard ICC Arbitration Clauses); or
• the parties have agreed to another pre-arbitral procedure that provides for the granting of conservatory, interim or similar measures.

Finally, parties may agree that the Emergency Arbitrator Provisions apply to arbitration agreements concluded before 1 January 2012.

How to Apply for Emergency Measures (“Application”): Practical Considerations

• Familiarise yourself with the Emergency Arbitrator Provisions (article 29 of the Rules and Appendix V – Emergency Arbitrators Rules)

• Inform the Secretariat as soon as possible and preferably before submitting the Application
  • If the Application for Emergency Measures precedes the Request for Arbitration, please:
    • Call +33 1 49 53 28 78 (Paris office) or +852 3607 5601 (Hong Kong office); or
    • Send an email to: emergencyarbitrator@iccwbo.org

  • If the Application is related to an ongoing arbitration contact the ICC case management team to which the arbitration has been assigned.

• Submit the Application preferably by email to: emergencyarbitrator@iccwbo.org

• Include Proof of Payment with the Application
  • the Cost of an Emergency Arbitrator Proceeding is US$ 40 000

  • Payment for this amount shall be made preferably, by wire transfer to the following payment instructions.

  • The ICC can also accept payment by bank cheque (not a personal cheque) to the order of the International Chamber of Commerce.

• Ensure the Application is written in the correct language
  • the application must be submitted in the language of the arbitration, or,

  • in the absence of an agreement on the language of arbitration then in the language of the arbitration agreement.

• Ensure the Application contains the correct information, including:
  • the name in full, description, address and other contact details of each of the parties;

  • the name in full, address and other contact details of any person(s) representing the applicant;

  • a description of the circumstances giving rise to the Application and of the underlying dispute referred or to be referred to arbitration;

  • a statement of the Emergency Measures sought;

  • the reasons why the applicant needs urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal;

  • any relevant agreements and, in particular, the arbitration agreement;

  • any agreement as to the place of the arbitration, the applicable rules of law or the language of the arbitration;

  • proof of payment of the amount referred to in Article 7(1) of Appendix V; and

  • any Request for Arbitration and any other submissions in connection with the underlying dispute, which have been filed with the Secretariat by any of the parties to the emergency arbitrator proceedings prior to the making of the Application.