Emergency Arbitration [“EA ”] has gained significant traction in global arbitration
framework. While the procedure has come to be established in the rules of multiple arbitral
institutions, national legislations seem to be lacking. Often discussed questions are the
nature of the expression by the Emergency Arbitrator [“EAr ”] and enforceability thereof
essentially needs backing up. This article examines the jurisprudence of EA in various
jurisdictions to determine how national courts have considered questions of finality of the
award/order, urgency considerations, and the kind of reliefs that may be sought and
granted. Through this analysis, we assess how legislative support in recognising EA in
the relevant municipal legislation helps in the recognition and enforcement of such
expressions.
Yorumlar