The arbitration rules established under the London Court of International Arbitration, effective from 01.10.2020 i.e., LCIA Rules 2020, contains the procedure for Emergency Arbitration under Article 9B.
Setting up of an Emergency Arbitral Tribunal
An Emergency Arbitral Tribunal can be formulated by applying for the appointment of a temporary sole arbitrator before the LCIA Court. Such application is filed in situations where there is an immediate need to adjudicate upon certain issues before the arbitral tribunal or expedited arbitral tribunal has been constituted.1
Such an application has to be filed in an electronic form with a copy to the Registrar and shall contain all necessary details such as the grounds and reasons for the reliefs sought via emergency arbitration2. Normally, such an application is to be decided by the LCIA Court within three days of the receipt of such application by the Registrar. All the rules related to impartiality, replacement of the arbitrator, nationality etc., will apply on the appointment of the emergency arbitrator.3
Conduct of Emergency Arbitration
The Emergency Arbitration may be conducted in any manner, the Emergency Arbitrator deems fit while considering the facts and circumstances of the case. There is no compulsion for the Emergency Arbitrator to set up a hearing, physical or virtual, before deciding on the reliefs to be granted. Adjudication of disputes can be done by the Emergency Arbitrator solely based on the available documentation of the Parties.4
Passing of the Emergency Award
The Emergency Arbitrator has to decide on the application within 14 days following the date of its appointment but the same can be extended under Article 22.5 or when the Parties have got into an agreement for such an extension. The Emergency Arbitrator is empowered to pass any Order or Award which the Arbitral Tribunal can pass as per the arbitration agreement. It can decide any or all the claims and can also adjourn any or all the claims to be decided by the Arbitral Tribunal. 5. The Emergency Arbitrator can also decide in its own costs and shall also determine the manner in which both the Parties shall bear such costs6.
Validity of an Emergency Award
An Emergency Award passed under the LCIA Rules 2020 have the same legal effect as the other awards have in accordance with Article 26.8 of the LCIA Rules 20207. Such an Emergency Award can also be modified in part or in whole by the Emergency Arbitrator upon an application before the Arbitral Tribunal is constituted8. An Emergency Award can also be modified by the Arbitral Tribunal's own initiative or upon an application by either of the Parties9. The provisions of Article 9B of LCIA Rules 2020 does not apply under the following two conditions:
- If the Parties have executed the agreement before 01.10.2014 and have not agreed in writing to 'opt in' for Article 9B; or
- If the Parties have agreed in writing at any time to 'opt out' of Article 9B10.
1 Article 9.4, LCIA Rules 2020
2 Article 9.5, LCIA Rules 2020
3 Article 9.6, LCIA Rules 2020
4 Article 9.7, LCIA Rules 2020
5 Article 9.8, LCIA Rules 2020
6 Article 9.10, LCIA Rules 2020
7 Article 9.9, LCIA Rules 2020
8 Article 9.11, LCIA Rules 2020
9 Article 9.12, LCIA Rules 2020
10 Article 9.16, LCIA Rules 2020
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.