Overview

Emergency Proceedings for Claims that Need Immediate Attention

The Emergency Arbitrator Procedure Rules (Appendix III of the Rules) enable parties to seek emergency relief (e.g., freeze assets, protect or preserve property, prevent or refrain a party from taking action) without having to wait for the constitution of the Arbitral Tribunal by applying for the appointment of an Emergency Arbitrator to consider the application.  

First adopted on October 15, 2018, and revised on May 1, 2023, the Emergency Arbitrator Procedure Rules comprehensively outline the emergency arbitration process, from the filing of the application to the issuance of the interim award or order, with clear and efficient timelines.

Key Features

• A party may file the application for emergency relief even before transmitting the Request for Arbitration to SCCA. However, the Request for Arbitration must then follow within 10 calendar days to avoid the termination of the emergency arbitration. 
• The Emergency Arbitrator must be appointed within one business day from the date of commencement of the emergency arbitration. 
• The Emergency Arbitrator shall establish a procedural timetable within two business days of his or her appointment. 
• The Emergency Arbitrator shall issue the interim award or order within 14 days from the date on which the case file has been transmitted to him or her. 
• The interim award or order is typically based on the parties’ written submissions, unless the Emergency Arbitrator deems it necessary to hold an emergency hearing via phone or videoconference.