Law Arbitration / Mediation / Litigation Litigation & Dispute Resolution

Emergency Arbitration

By Cameron Sim
Oxford University Press July 2021

Specifications

ISBN-13
9780198831051
Publisher
Oxford University Press
Publication
July 2021
Format
Hardback , 496 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 national 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.

Table of Contents

Part I: Overview of Emergency Arbitration

1: The Principles of Emergency Arbitration

2: The Foundations of Emergency Arbitration

Part II: The Beginning of an Emergency Arbitration

3: The Commencement of Emergency Arbitration

4: The Emergency Arbitrator

Part III: Emergency Arbitration Procedure

5: The Conduct of an Emergency Arbitration

6: The Seat of Emergency Arbitration

Part IV: Applicable Standards and Forms of Emergency Measures

7: The Applicable Standards in Emergency Arbitration

8: The Form of Relief in Emergency Arbitration

Part V: The End of an Emergency Arbitration

9: The Decision of the Emergency Arbitrator

10: The Enforcement of the Emergency Arbitrator's Decision

Part VI: Emergency Arbitration in Investment Treaty Arbitration

11: Emergency Arbitration in Investment Treaty Arbitration

Part VII: The Future of Emergency Arbitration

12: The Future of Emergency Arbitration

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