Just published: Article on Emergency Arbitrator at the SCC
In a recently-published practice note, SCC Legal Counsel Anja Håvedal-Ipp analyzed emergency arbitrator proceedings at the SCC in 2015 – 2016.
Seven years have passed since the introduction of emergency arbitrator proceeding in the SCC Arbitration Rules and SCC Rules of Expedited Arbitration. Since then, the SCC has seen a total of 27 applications for the appointment of an emergency arbitrator, with 13 of those received in 2016 alone.
The article shows that this proceeding at the SCC is proven to be a speedy process. It mentions that in every case of emergency arbitrator proceeding between January 2015 to December 2016, the emergency arbitrator was appointed within 24 hours after the application was submitted. Half of the decisions were rendered within five days, and the remaining half were all rendered within seven days.
The article further summarized the grounds that have been used by emergency arbitrator for granting emergency relief. While SCC Rules do not specify these grounds, a set of factors are now commonly accepted for such relief, among others urgency and proportionality.