X - The Use Of Emergency Arbitrator Procedures In The Oil And Gas Sector

The number of emergency arbitrations, a fairly recent development in the field of international arbitration, is on the rise. The concept of emergency arbitration is an attractive one for participants in the oil and gas sector (where interim remedies are often required). However, whilst the emergency arbitration system has, in certain cases, proven to work well, there remain issues, particularly regarding the enforceability of emergency arbitration awards.

What is an emergency arbitration?

An emergency arbitration is one in which an arbitrator is appointed to deal with requests for urgent interim relief before the Tribunal is constituted. Emergency arbitrator provisions have been introduced into a number of the major arbitration rules (such as the International Chamber of Commerce (the "ICC") and the London Court of International Arbitration (the "LCIA")) as a means for parties to apply for interim relief without having to go to a national court, or having to wait until the main Tribunal is appointed.