Emergency Arbitration: The Default Option for Pre-Arbitral Relief?

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Until relatively recently, where a dispute was subject to arbitration, a party in need of emergency interim relief at the pre-arbitral stage only had two options. First, it could await the constitution of the arbitral tribunal and run the risk that any future order or award would be ineffective (because, for example, the respondent had dissipated assets or destroyed evidence in the meantime). Alternatively, a party could seek relief in the relevant national court, the very thing the party wished to avoid by entering into an arbitration agreement.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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