Three Insights into Emergency Arbitration

The debriefing of my first emergency arbitrator case highlights three practical issues which may be worth sharing:

Ex parte Applications: When dealing with ex parte applications the emergency arbitrator needs to be extra prompt in his first reaction: The respondent will learn of the proceedings for the first time when he receives the first order of the arbitrator. To fit respondent's (reasonable) deadline for comments into the mandatory 15-days time limit for an emergency decision is a challenge. If already a few days are lost for the first order, meeting the said time limit may be nearly impossible.

Service of Documents: Depending on the domicile of the respondent, service of documents may take several days even by express courier service. Again, this may be too time-consuming in emergency arbitration proceedings. If ever possible, e-mails or facsimile should be used. It is thus helpful if the claimant already indicates all known e-mail addresses and facsimile numbers of the respondent in the application for emergency relief.

Right to Be Heard: Any written submissions bear the risk of triggering further comments of the counterparty. In order to grant the right to be heard to the parties in emergency arbitrations, an oral hearing (in personam or by telephone conference) may be helpful and even more time-saving than "documents only" proceedings. The parties can be orally heard until no party has any further comments. Thereafter, the emergency procedure can be closed (e.g. directly at the end of the hearing).