Interim order in the emergency arbitration mechanism ‎(with a comparative study)‎

Articles in Press

Document Type : Research Paper

Authors

1 Department of Law, Farabi Campus, university of Tehran, Qom, Iran‎

2 Department of international trade law, Department of Law, Farabi Campus, university of Tehran, ‎Qom, Iran‎

Abstract

Determination of urgent matters in international commercial arbitration, especially before the establishment of the arbitration court, has always been a challenging issue in international arbitration. Emergency arbitration is a mechanism by which one of the arbitration parties can request the issuance of a temporary order from the emergency arbitrator selected by the arbitration organization or natural or legal persons agreed upon by the parties, before the formation of the arbitration court and in urgent circumstances. However, do such arbitrators, like the arbitrators of the arbitration court, have the authority to issue a temporary order, and under what conditions and how, assuming a positive answer? And whether their orders can be recognized and implemented in national courts? The findings of the current research, which was carried out using a descriptive-analytical method and library sources, show that: Firstly, despite the lack of criteria for issuing a temporary order by the emergency arbitrator, he/she can use the same criteria considered for arbitration courts; but he/she should consider the element of urgency more carefully. Secondly, the temporary order issued by the emergency arbitrator is binding on the parties .Thirdly, the arbitral tribunal, which is formed subsequently, can cancel, amend, or change the decision of the emergency arbitrator, depending on the case. Fourthly, the authority of the emergency arbitrator to issue a temporary order is only before the formation of the arbitral tribunal, and after the formation of the aforementioned court, he/she has no further authority. Finally, the recognition and implementation of the temporary order of the emergency arbitrator in the national court, his ruling is the same as the temporary order issued by the arbitration courts.

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References

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Comparative Law Review

Articles in Press, Accepted Manuscript
Available Online from 22 June 2025

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