EMERGENCY ARBITRATION!

Question 1

What are the roles of an emergency arbitrator?

Answer 1

The same as the tribunal
Can award interim relief within 14 days of appointment
MAkes written submission of reasons
Ceases to have power once the tribunal is constituted
If the tribunal ceases to be consituted within 90 days, any measure they issued ceases to have effect.

Question 1

What is rule 30 of SIAC

Answer 1

Application for emergency arbitrator
Acceptance of application
Consideration of application

Question 2

What are some examples of reliefs being sought

Answer 2

Mareva injunctions
freezing orders against transferring assets
Orders to hand over all documents
Orders against disposing of assets

Question 3

Whats a common issue that emergencuy arbitrators face

Answer 3

They ahve the power to determine their own jurisdiction
All they need is a prima facie basis to be allowed authroity

Question 4

Paragraph 13 of SIAC Schedule 1

Answer 4

EA has authority to detemrine what the best course of action is in regards to an issue, taking into account the urgency of the matter

Question 5

Time line

Answer 5

2.5 days: Receipt of application
8.5 days between scheduling a hearing and issuing award
1 day for ea to schedule heairng and issue an award