Emergency Arbitrator Rules

Annex 2
Emergency Arbitrator Rules

Article 1

Emergency arbitrator

1.Prior to, concurrent with or following the filing of a notice of arbitration, but before the constitution of the arbitral tribunal, a party initiating recourse to an emergency arbitrator pursuant to article 26, paragraph 1 of the CRCICA Arbitration Rules shall submit its application for urgent interim measures (the “Urgent Application”) to the Centre.

2.The powers of the emergency arbitrator shall be those set out in article 26, paragraphs 1, 2, 6 and 7 of the CRCICA Arbitration Rules. Such powers terminate when an Emergency Decision, as defined in article 8, paragraph 1 of this Annex, ceases to be binding according to article 9, paragraph 4 of this Annex.

Article 2

Urgent Application for the appointment of an emergency arbitrator

1.The Urgent Application shall include the following:

a.The names in full, addresses and other contact details of each of the parties;

b.the name(s) in full, address(es), contact details and proof of authority of any person(s) representing the applicant(s);

c.Identification of the arbitration agreement that is invoked;

d.Identification of any contract or other legal instrument out of or in relation to which the dispute arises or, in the absence of such contract or instrument, a brief description of the relevant relationship;

e.A brief description of the claim, as well as the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims (including unquantified claims), if any;

f.A description of the circumstances giving rise to the Urgent Application and of the underlying dispute referred or to be referred to arbitration;

g.A statement of the urgent measures sought;

h.The reasons why the applicant needs urgent measures that cannot await the constitution of an arbitral tribunal;

i.Any agreement as to the language of arbitration, applicable rules of law and place of arbitration; and

j.Proof of payment of the amount referred to in article 11, paragraph 1 of this Annex.

2.The Urgent Application shall be drawn up in the language of the arbitration if agreed upon by the parties or, in the absence of any such agreement, in the language of the arbitration agreement.

3. The Urgent Application shall be submitted in a number of copies equal to the number required to provide one copy for the emergency arbitrator, one copy for each of the remaining parties and one copy for the Centre. However, the Urgent Application may also be submitted using the Centre’s online form according to the conditions available at CRCICA’s website.(1)

Article 3

Communication of the Urgent Application to the other party

As soon as an Urgent Application for the appointment of an emergency arbitrator has been submitted and accepted by the Centre, the Centre shall communicate the Urgent Application to the other party provided that the proof of payment of the amount referred to in article 11, paragraph 1 of this Annex has been submitted to the Centre.

Article 4

Appointment, challenge and replacement of the emergency arbitrator

1.The Centre shall appoint an emergency arbitrator within as short a time as possible, normally within 2 days from the Centre’s acceptance of the Urgent Application.

2.An emergency arbitrator shall not be appointed if the Centre prima facie lacks jurisdiction over the dispute.

3.The appointment of an emergency arbitrator shall be completed only upon the acceptance of his or her mission. A prospective emergency arbitrator shall sign a statement of acceptance, availability, impartiality and independence communicated by the Centre. The Centre shall provide a copy of such statement to the parties.

4.Every emergency arbitrator shall be and remain impartial and independent of the parties involved in the dispute.

5.A party that intends to challenge the emergency arbitrator shall file with the Centre a written notice of its challenge within 2 days after it has been notified of the appointment of the challenged arbitrator, or within 2 days after the circumstances justifying the challenge became known to that party. The notice of challenge shall state the reasons for the challenge. The Centre shall communicate the notice of challenge to all other parties and to the emergency arbitrator who is challenged.

6.If within 2 days from the date of communicating the notice of challenge to all parties the parties do not agree to remove the challenged arbitrator or the latter does not withdraw, the challenge shall be decided by an impartial and independent member to be selected by the Centre from among the members of the Advisory Committee(2), after the Centre has afforded an opportunity for the emergency arbitrator and the other party or parties to provide comments in writing within a suitable period of time. The arbitrator who is removed, successfully challenged or withdrawn shall not be entitled to any fees.

7.Where an emergency arbitrator has to be replaced during the course of the emergency arbitral proceedings, a substitute emergency arbitrator shall be appointed as per paragraph 1 of this article. If the emergency arbitrator is replaced, the proceedings shall resume at the stage where the emergency arbitrator was replaced or ceased to perform his or her functions, unless the substitute emergency arbitrator decides otherwise. However, in the event that the replacement takes place and a hearing has been held, another hearing shall be held in the presence of the substitute arbitrator.

8.An emergency arbitrator shall not act as an arbitrator in any arbitration relating to the dispute that gave rise to the Urgent Application and in respect of which he or she has acted.

Article 5

Place of the emergency arbitrator proceedings

1.If the parties have agreed upon the place of the arbitration, such place shall be the place of the emergency arbitrator proceedings. In the absence of such agreement, the emergency arbitrator shall fix the place of the emergency arbitrator proceedings, without prejudice to the determination of the place of the arbitration pursuant to article 18, paragraph 1 of the CRCICA Arbitration Rules.

2.Any meetings with the emergency arbitrator may be conducted remotely or in person at any location the emergency arbitrator considers.

Article 6

Referral to the emergency arbitrator and written communications

Once an emergency arbitrator has been appointed, the Centre shall promptly refer the Urgent Application, and any other documents or information relating to the Urgent Application, to the emergency arbitrator. Thereafter, all written communications from the parties shall be submitted directly to the emergency arbitrator with a copy to the other party and the Centre. A copy of any written communications from the emergency arbitrator to the parties shall be submitted to the Centre.

Article 7

Conduct of the emergency arbitrator proceedings

The emergency arbitrator may conduct the proceedings in such a manner as he or she considers appropriate, taking into account the urgency inherent in such proceedings and ensuring that each party has a reasonable opportunity to be heard on the Urgent Application.

Article 8

Emergency Decision

1.The emergency arbitrator’s decision on the Urgent Application, whether in the form of an order or award or in any other form, shall be referred to as (the “Emergency Decision”).

2.The Emergency Decision shall be made within 15 days from the date on which the Centre transmitted the Urgent Application, and any other documents or information relating to the Urgent Application to the emergency arbitrator. This time limit may be extended by agreement of the parties or, in exceptional circumstances, by the Centre.

3.The Emergency Decision shall:

a.Be made in writing;

b.Contain the date when it was made, the arbitration agreement invoked, the place of the emergency arbitrator proceedings and the reasons upon which the Emergency Decision is based, including a determination on the emergency arbitrator’s own jurisdiction; and

c.Be signed by the emergency arbitrator.

4.Within the time limit established pursuant to paragraph 2 of this article, the emergency arbitrator shall send the Emergency Decision to the parties, with a copy to the Centre, by any of the means of communication permitted by article 2, paragraph 7(b) of the CRCICA Arbitration Rules that he or she considers will ensure prompt receipt.

5.The emergency arbitrator may make the Emergency Decision subject to such conditions as he or she thinks fit, including requiring the provision of appropriate security.

6.The Emergency Decision may be made even if in the meantime the arbitral tribunal has been fully constituted.

Article 9

Binding effect of the Emergency Decision

1.An Emergency Decision shall be binding on the parties when rendered and shall have the same effect as an interim measure granted pursuant to article 26 of the CRCICA Arbitration Rules.

2.At the reasoned request of a party, the emergency arbitrator may modify, suspend or terminate the Emergency Decision.

3.By agreeing to arbitration under the CRCICA Arbitration Rules, the parties undertake to comply with any Emergency Decision without delay.

4.The Emergency Decision ceases to be binding if:

a.The emergency arbitrator, pursuant to paragraph 2 of this article, or an arbitral tribunal so decides;

b.An arbitral tribunal makes a final award, unless the arbitral tribunal expressly decides otherwise;

c.Arbitration is not commenced within 10 days from the date of the Emergency Decision;

d.The case is not referred to an arbitral tribunal within 90 days from the date of the Emergency Decision. This time limit may be extended by agreement of the parties or, in appropriate circumstances, by the Centre.

e.The challenge against the emergency arbitrator is accepted by the impartial and independent member selected by the Centre from among the members of the Advisory Committee, pursuant to article 4, paragraphs 6 and 7 of this Annex ; or

f.There is a withdrawal of all claims or upon the termination of the arbitral proceedings before the rendering of a final award.

5.An arbitral tribunal is not bound by the decision(s) and reasons of the emergency arbitrator.

Article 10

Possibility of resorting to competent judicial authority

The emergency arbitrator provisions are not intended to prevent any party from seeking urgent interim or conservatory measures from a competent judicial authority. Any request for such measures from a competent judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.

Article 11

Costs of the emergency arbitrator proceedings

1.The party applying for the appointment of an emergency arbitrator shall pay the costs set out in paragraph 2 (a) and (b) of this article upon filing the Urgent Application.

2.The costs of the emergency arbitrator proceedings shall be finally determined by the Centre and shall include:

a.The fee of the emergency arbitrator which shall not be less than the minimum amount of 10000 (ten thousand) US Dollars and shall not exceed the maximum amount of 30000 (thirty thousand) US Dollars; and

b.The application fee of 5000 (five thousand) US Dollars.

3.At the request of a party, the emergency arbitrator shall in the Emergency Decision apportion the costs of the proceedings, including the reasonable costs incurred by the parties, and costs for legal representation, between the parties, subject to the power of the arbitral tribunal to finally determine the apportionment of such costs.

4.In the event that the proceedings do not take place pursuant to this Annex or are otherwise terminated prior to the making of an Emergency Decision, the Centre shall determine the amount to be reimbursed to the applicant, if any. An amount of 1000 (one thousand) US Dollars for the Centre’s administrative expenses is non-refundable in all cases.