Emergency arbitrator provisions are “à la mode”: they have become a common feature in many institutional arbitration rules. In the latest revision of its rules, the LCIA has now, for the first time, included the possibility for the parties to apply for an emergency arbitrator (hereafter “Emergency Arbitrator”). Article 9B of the 2014 LCIA Rules (hereafter the “2014 Rules” or “LCIA Rules”) comprises Articles 9.4 to 9.14 which deal with the Emergency Arbitrator in detail.

 

While the new LCIA Emergency Arbitrator has many features that are familiar and similar to other institutional rules, there are a few aspects that are specific to the LCIA. Most importantly, the Emergency Arbitrator is not the only option for parties seeking urgent relief at the outset of the arbitration. Rather, the 2014 Rules contain another important tool for parties in need of urgent relief: namely, the possibility to seek an expedited formation of the arbitral tribunal according to Article 9A (which comprises Articles 9.1 to 9.3) (“Arbitral Tribunal”). This is by no means novel to the 2014 Rules, but has been one of the highlights and distinguishing features of LCIA arbitration for some time.

 

This paper discusses both options in detail and provides the parties with guidance on how to choose their most-suited option. Section II first examines the requirements, procedure, and timing of an application for an expedited formation of the Arbitral Tribunal, and the consequences thereof. Section III then analyses the new Emergency Arbitrator provisions, including their temporal scope; the formalities and procedure how to apply for an Emergency Arbitrator; the ways the LCIA selects and appoints Emergency Arbitrators; the conduct of the proceedings before the Emergency Arbitrator; as well as the form and nature of the Emergency Arbitrator’s decision. Finally, Section IV examines the relationship between these regimes, and well as other options under the 2014 Rules to obtain urgent relief at the outset of the arbitration. It offers parties practical advice on how to choose their most appropriate option.