Originally from ICDR Awards and Commentaries - Volume 2

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COMMENTARY

CHINMAX MEDICAL SYSTEMS V. ALERE SAN DIEGO INC., ICDR CASE NO. 50 122T 00 657-10, 

FIRST PRELIMINARY ORDER, OCT. 25, 2010

I. Introduction

Since the ICDR Rules first provided for emergency arbitral relief in 2006,  the popularity of this mechanism has become evident both in its increasingly widespread use by parties, as well as in its adoption in some form by other major arbitral institutions.  As might be expected, emergency arbitrators are most useful where one party finds itself in need of urgent interim relief prior to the appointment of the full tribunal, and where interim relief from the court (either at the seat or in a jurisdiction where relevant assets are located) involves a lengthy or difficult process.  Under the ICDR Rules, having rendered an emergency order, the emergency arbitrator “shall have no further power to act after the tribunal is constituted. Once the tribunal has been constituted, the tribunal may reconsider, modify or vacate the interim award or order of emergency relief issued by the emergency arbitrator.