​Temporary measures in international arbitration

Temporary measures in international arbitration
Using emergency measures and temporary measures in international arbitration is critical to successfully resolving disputes. In cases where urgent situations arise during the arbitration process, such as one party intentionally destroying evidence or transferring assets, the presence or absence of emergency arbitrator provisions in the arbitration rules can make all the difference.
 
When selecting the applicable arbitration rules, attorneys must pay special attention to whether the rules provide for the appointment of an emergency arbitrator. Suppose the selected rules do not include such provisions. In that case, it is recommended to choose rules with emergency arbitrator provisions or to include special agreements in the arbitration agreement to address this issue.
 
Temporary measures in international commercial arbitration are similar to interim relief measures in China's Civil Procedure Law. In cases where the arbitration process is hindered or where the enforceability of an award may be in question, parties can apply to the arbitral tribunal for temporary measures. These measures may include maintaining the status quo of the dispute, compelling witness testimony, ordering asset preservation, and ordering evidence preservation, among others.
 
Usually, arbitral tribunals need the power to enforce temporary measures. As a result, the arbitral tribunal may request that the court of the place of arbitration or another court take mandatory action to enforce temporary measures.
 
In conclusion, using emergency and temporary measures in international arbitration is critical to ensure the integrity of the process and the enforceability of the final award. Attorneys must carefully consider the presence of emergency arbitrator provisions when selecting applicable arbitration rules and the limitations of the arbitral tribunal's power to enforce temporary measures. By doing so, parties can ensure that their rights are protected and that their dispute is resolved promptly and effectively.