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.
Please see full publication below for more information.