The emergency arbitrator: a full-fledged arbitrator rendering an enforceable decision?

摘要

Emergency procedures are becoming increasingly popular in international arbitration. Their effectiveness is however disputed, there being uncertainty as to both the proper status of the subject granting emergency relief-so called emergency arbitrator-and the enforceability of his decisions. This contribution aims at shedding light on the above-mentioned issues. To this end, it first describes the general procedural framework in which emergency procedures are carried out. It then delves into the questions of what the proper status of an emergency arbitrator is and whether emergency decisions are capable of being enforced by state courts, suggesting that the emergency arbitrator is a full-fledged arbitrator rendering decisions that may enjoy (at least a certain degree of) enforceability. Finally, it puts forward a proposal for an international instrument on recognition and enforcement of arbitral interim measures, including emergency decisions, which may enhance their effectiveness.