Using Article 37 of the ICDR International Arbitration Rules: Obtaining Emergency Relief - Dispute Resolution Journal - Vol. 62, No. 2ARBITRATION RULES
Shane Gleghorn, a partner in the Litigation & Dispute Resolution Department of Taylor Wessing in London, specializes in dispute resolution and investigations in the banking and finance sector. His expertise also includes insurance coverage -disputes and regulatory matters and reinsurance litigation. Timothy Pinto, a senior associate in the Intellectual Property Department of Taylor Wessing, works in the areas of trademarks, copyright, advertising, defamation and privacy. Damian Simpson is a trainee solicitor at Taylor Wessing. Graham Dunning QC of Essex Court Chambers has a -specialist practice in international and domestic commercial law. He is involved in all aspects of commercial litigation and arbitration, including international trade, banking, insurance and reinsurance. He frequently acts in arbitrations both as counsel and arbitrator. Iain Quirk, an advocate and cross examiner at Essex Court Chambers, works primarily in the fields of employment law, commercial litigation, fraud, media and entertainment and intellectual property.
Originally from Dispute Resolution Journal
Practitioners who have actually taken advantage of Article 37 to obtain emergency relief prior to the appointment of the arbitral panel discuss how the rule works and offer practical insights from their experience.
Article 37 of the Inter-national Arbitration Rules of the Interna-tional Centre for Dispute Resolution (ICDR, the international division of the American Arbitration Association (AAA)), contains an emergency relief procedure that represents significant progress in the field of international arbitration. Before its introduction, whether the arbitration was administered by the AAA or another international arbitral institution of similar standing, a party requiring emergency relief prior to the appointment of the tribunal had little option but to approach a national court for a preliminary injunction, measures for the preservation of property, or an order placing certain property in escrow, or other form of preliminary relief. Going to court for this purpose may be very undesirable for a whole raft of reasons, including the need to make difficult choices over the appropriate forum and the inevitable publicity inherent in preliminary relief proceedings.
The authors used Article 37 with great success to obtain emergency relief for a client pending the appointment of an arbitral panel. They have written this practice-oriented article for others who might need to quickly obtain this kind of relief.