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Arbitration / ADR / Mediation
Few subjects have remained so consistently ‘hot’ a topic as interim and conservatory measures, even more so since the 2012 ICC Rules of Arbitration contain, for the first time, the option of an emergency arbitrator. This Supplement contains a wealth of previously unpublished source material. Extensive extracts from ICC arbitral awards show how arbitrators have ruled on requests for interim and conservatory measures. These awards illustrate: • the kinds of measures that have been ordered and in what circumstances • the form of the decisions and their enforceability • the concurrent powers of arbitral tribunals and state courts to order interim and conservatory measures. An introductory commentary describes and analyses the issues dealt with in these awards. The Supplement also includes two articles on the ICC emergency arbitrator procedure, a new feature of the 2012 ICC Rules of Arbitration. Written by practitioners closely involved in the drafting of the new Rules, they: • describe the genesis of the new Emergency Arbitrator Rules • provide an article-by-article overview of their implementation • compare the emergency arbitrator procedure with the ICC pre-arbitral referee procedure. This is a timely and topical reference book for arbitration practitioners and scholars.