Are emergency arbitrators’ decisions enforceable under the New York Convention

Abstract

International commercial arbitration is a mechanism of settling disputes that keeps pace with developments in the global trade environment. The emergence of the emergency arbitration, which issues interim measures before the establishment of the arbitral tribunal or instead of resorting to national courts is a new frontier in international commercial arbitration. Many assets may be affected if it is awaited until the constitution of the arbitral tribunal, especially when it comes to intellectual property and digital information. Resorting to national courts may not be desirable for many arbitration users due to the lack of confidentiality and quality in decision-making. The emergency arbitrator is distinguished by the ability to issue an order or award within few days after his or her appointment, that minimizing resources depletion by providing effective protection for the probable affected assets. This procedure fulfils the desire of either party upon suspicion of any modification, transfer of assets, tampering or concealment of evidence. Several leading arbitration institutions have responded to the current demand to render some protection before the arbitral tribunal is established by adding emergency arbitrators’ provisions in their arbitration procedures. However, there are many doubts about the enforceability and the finality of the emergency arbitrator decisions.