Impact of the UNCITRAL Arbitration Rules - Chapter 03 - Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

Author(s):

Louis B. Kimmelman

Sonia Marquez

Page Count:

22 pages

Published:

May, 2015

PDF663.98 KB

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I. INTRODUCTION

Obtaining interim measures can be essential in an international

arbitration. Such measures may be needed to maintain the status quo

during the course of the proceeding or to ensure that the purpose of the

arbitration is not frustrated. They may also be needed to prevent a party

from taking an action that will aggravate the dispute and change the

relationship between the parties.

Unlike most aspects of international arbitration, parties have a choice

as to whether they will seek interim measures from a court or an arbitral

tribunal. As a result, practitioners often have to make an important

strategic decision as to whether to seek remedies from a tribunal (if one is

in place), from an emergency arbitrator (if a tribunal is not in place and

such a procedure exists), or from a national court.

When weighing these options it is important to understand the rules

that govern the availability of interim measures in international

arbitration. Specifically: (1) what kinds of interim relief are available, (2)

what are the requirements for obtaining such relief, and (3) how will the

party against whom the measure is granted be protected from an improper

order (and conversely what liability may be incurred by seeking interim

relief). The Arbitration Rules of the United Nations Commission on

International Trade Law (“UNCITRAL”), as revised in 2010, provide

answers to these questions in cases where these rules have been adopted.3

However, the UNCITRAL Arbitration Rules may also serve as a resource

for practitioners and arbitrators when the international arbitration rules
that apply in a case do not address these questions.