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Emergency arbitration and the interplay with other pre-arbitral mechanisms
| Content Provider | Scilit |
|---|---|
| Author | Shaughnessy, Patricia |
| Copyright Year | 2021 |
| Description | Most arbitral institutions' rules provide for the emergency arbitration to allow parties to seek urgent interim relief from a specially appointed emergency arbitrator when the regular arbitral tribunal has not yet been constituted. This allows parties the option of seeking such relief within the arbitral process rather than from national courts. This chapter explores issues that may arise when the parties have agreed to other pre-arbitral dispute resolution mechanisms, such as mediation and dispute boards. This can be particularly relevant in the context of construction and infrastructure projects where contractual dispute resolution clauses often contain such pre-arbitral dispute mechanisms. This chapter considers recent developments including the 2017 revisions to the FIDIC contracts relating to dispute boards and the 2021 revisions to the ICC Arbitration Rules relating to emergency arbitration. Book Name: Construction Arbitration and Alternative Dispute Resolution |
| Related Links | https://api.taylorfrancis.com/content/chapters/edit/download?identifierName=doi&identifierValue=10.4324/9781003155973-15&type=chapterpdf |
| Ending Page | 192 |
| Page Count | 24 |
| Starting Page | 169 |
| DOI | 10.4324/9781003155973-15 |
| Language | English |
| Publisher | Informa UK Limited |
| Publisher Date | 2021-09-14 |
| Access Restriction | Open |
| Subject Keyword | Book Name: Construction Arbitration and Alternative Dispute Resolution Pre Arbitral Resolution Revisions Emergency Arbitration Parties Dispute |
| Content Type | Text |
| Resource Type | Chapter |
