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Emergency Arbitration is the first work of its kind to provide clear and authoritative guidance on the practice and theory of this increasingly utilized procedure. By examining the leading emergency arbitration rules, the book identifies a common procedural framework for the commencement, conduct, and decision-making process in an emergency arbitration. This framework is developed through the articulation of 'The Fifteen Principles of Emergency Arbitration'. These are aimed at giving parties greater control and certainty in bringing and defending applications for emergency measures.The book combines a practical approach, including the use of flowcharts and tables, with in-depth analysis of important issues arising in emergency arbitration. These include the status of the emergency arbitrator; the relationship between the emergency arbitrator, the arbitral tribunal, and courts; the role of the seat of emergency arbitration; applicable laws and transnational standards; due process requirements; the enforceability of decisions; and use of the procedure in investment treaty arbitration. Emergency Arbitration is thus a vital companion to those contemplating, or facing, an emergency arbitration.
This work investigates the procedural and theoretical framework governing emergency arbitration to provide practitioners with a standardized approach to urgent interim relief. Cameron Sim, an expert in international dispute resolution, synthesizes existing institutional rules into a cohesive set of guidelines. The text argues that by adopting a unified procedural model, parties can achieve greater predictability and efficiency when seeking emergency measures in complex cross-border disputes.
What You Will Find
Legal practitioners and scholars identify this text as a primary resource for navigating the complexities of urgent interim measures. Experts highlight the clarity of the procedural framework, noting its utility for both counsel and arbitrators operating within international arbitration settings.
Page Count:
496
Publication Date:
2021-09-02
Publisher:
Oxford University Press
ISBN-10:
0198831056
ISBN-13:
9780198831051
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