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Arbitration Rules: the Emergency Procedure

Preamble.

At any moment before the closing of the debates, parties may ask for an emergency arbitration procedure to protect their rights. Emergency arbitration does not definitively settle the dispute. The emergency arbitrator may order conservatory and provisional measures, while taking into account the urgency of the situation and the claimant’s chances of success on the substance of the dispute.

Article 1. Subject of the emergency arbitration   

1. Any time before the ordinary or simplified constitution of the Arbitral Tribunal, either one of the parties may request conservatory or interim measures.

2. The Rules of emergency arbitration shall only be applied to the signatory parties of the arbitration convention that refers the dispute to these Rules.

3. The emergency procedure provisions cannot be applied if:

  1. parties have agreed to exclude the application of said provisions;
  2. parties have agreed in another pre-arbitral procedure to exclude conservatory, interim, or similar measures.

4. Provisions relating to emergency arbitration shall not prevent the parties from requesting the granting of urgent conservatory or interim measures to any competent judicial authority at any time before the submission of a request for this purpose and even afterwards if the circumstances allow it. Referral to a competent judicial authority to obtain such measures shall not violate the arbitration convention and does not constitute a waiver.

Article 2. Emergency arbitration request  

1. Any party requesting an emergency procedure shall submit a request via registered mail, return receipt requested, at the Secretariat: 10, Boulevard d’Arcole – 31 000 TOULOUSE.

2. The request shall be presented in as many copies as there are parties to the arbitration. A copy shall also be sent to the emergency arbitrator and the Chamber.

3. The other party shall respond within the 3 days following receipt of the request. Lack of response does not, in any way, affect the principle of contradiction of the emergency procedure.

4. The request shall be written in the language of arbitration or in the language of the arbitration convention.

5. The emergency arbitration request form is attached in Appendix 6.

6. The exhibits identified in support of the request shall be provided with the request.

Article 3. Nomination of the emergency arbitrator 

1. Upon payment of the emergency arbitration fees, the Arbitration Committee shall refer to the emergency arbitrator.

2. The emergency arbitrator shall undertake to conduct himself as an independent and impartial judge during the entire proceedings. He cannot act in representation of one of the parties.

3. Once the emergency arbitrator is nominated, the Arbitration Committee shall give him the arbitration file and shall notify the parties. Upon submission of this arbitration file, all written communication shall be directly addressed to the emergency arbitrator. A copy of these communications shall be provided to the other party and to the Chamber.

4. The emergency arbitrator shall not be appointed as arbitrator in the ordinary or simplified arbitration related to the request.

Article 4. Communications  

1. After referral to the Arbitration Committee, all correspondence with the Chamber shall be carried out at its electronic address: This email address is being protected from spambots. You need JavaScript enabled to view it.

2. All communications from the Chamber, the Arbitral Tribunal, and the emergency arbitrator shall be made to the last address of the party or of its representative, as communicated by the party or by any other party. Any change of address must be communicated without delay to the Chamber.

3. The emergency arbitrator may decide to carry out proceedings via videoconference, phone or any other means of communication.

Article 5. Independence and impartiality of the emergency arbitrator 

1. Before his nomination, the expected emergency arbitrator shall complete the slip provided by the Secretariat where he shall join a declaration of independence and impartiality.

2. The Secretariat shall communicate a copy of the declaration to the parties.

Article 6. The challenge of the emergency arbitrator  

1. The challenge of an arbitrator, based on an allegation of lack of impartiality or independence or on any other ground, shall be made by the submission to the Secretariat of a written statement specifying the facts and circumstances on which the challenge is based.

2. For a challenge to be admissible, it must be submitted by a party either within 3 days from receipt of the notification of the appointment or confirmation of the arbitrator, or within 3 days from the date the party submitting the challenge was informed of the facts and circumstances on which the challenge is based, if such date is subsequent to the receipt of such notification. The challenge shall be notified to the Secretariat and the parties by registered letter, with acknowledgement of receipt, or by any means of communication providing proof of sending.

3. The challenge of an emergency arbitrator suspends the arbitration deadlines, from the day of its introduction to the day after notification to the parties of the decision of the Arbitration Committee.

4. The Arbitration Committee shall decide on the challenge after the emergency arbitrator and the other party have been able to present their observations in writing within a reasonable time.

5. If the challenge is accepted, the parties and the Arbitration Committee shall proceed to appoint a new emergency arbitrator in accordance with Article 3 of these Rules.

Article 7. Place and language of emergency arbitration

1. Unless agreed otherwise by the parties, the emergency arbitration shall take place at the Secretariat: 10, boulevard d’Arcole – 31000 TOULOUSE.

2. The language of the arbitration shall be French, unless the emergency arbitrator deems it fit to use another language based on the characteristics of the dispute.

Article 8. Procedure of the emergency arbitration 

1. Upon submission of the arbitration file, the emergency arbitrator is allowed 2 days to establish the calendar, in accordance with Article 3.4 of these Rules.

2. The emergency arbitrator shall conduct the proceedings the way he deems most appropriate based on the nature and urgency of the request.

3. The emergency arbitrator shall conduct the proceedings in an equal and impartial manner. He shall make sure every party is heard, in respect of the principle of contradiction.

Article 9. Deadlines 

1. The order shall be rendered within 15 days from the date the arbitration file was submitted to the emergency arbitrator. The Arbitration Committee may, at the request of the arbitrator, decide to extend the deadline.

Article 10. Emergency arbitration order

1. The emergency arbitrator’s decision shall take the form of an order. The order shall be made in writing.

2. In this order, the emergency arbitrator shall determine whether the request is admissible and whether the emergency arbitrator has jurisdiction to order emergency measures.

3. The order shall contain the following information:

  1. the grounds on which the request is based;
  2. the emergency measure(s);
  3. if applicable, the conditions and warranties to which the measures are subject to;
  4. the date;
  5. the signature of the emergency arbitrator.

4. The order liquidates arbitration fees and decides which party is responsible for paying them or in what proportion the arbitration fees shall be shared between the parties.

5. The order ceases to bind the parties:

  1. when the Arbitral Tribunal has rendered the final award relating to the dispute at the origin of the request, or
  2. when the arbitration request has been withdrawn or when arbitration has been terminated before the rendering of the final award.

Article 11. Notification of the order

1. The emergency arbitrator shall notify the order to the parties within 24 hours after its delivery.

2. Notification shall be done by any appropriate means.

Article 12. Amendment of the order

1. Within 2 days of notification of the order, a party may submit a reasoned request asking the emergency arbitrator to change or withdraw the order or lift the measures ordered.

2. Within 2 days of notification of the order, a party may submit a reasoned request asking the emergency arbitrator to correct potential material errors or omissions or to interpret the order.

Article 13. Emergency arbitration fees and emergency arbitrator's fees

1. Arbitration fees include administrative fees, arbitrator’s fees, and registration fees.

2. Administrative fees are collected by the Chamber to organise arbitration. Registration fees are the sum to pay for a request for arbitration to be registered.

3. Arbitrator’s fees are the arbitrator’s remuneration. The Arbitration Committee shall determine the advance on the arbitrator’s fees when drawing up the Terms of Reference. The advance sum may be modified during the proceedings by the Arbitration Committee.

4. If the claimant does not pay the amount redefined by the Arbitration Committee within the time limit determined, the request shall be deemed to have been withdrawn.

5. A table to calculate the fees of the Arbitral Tribunal and the administration fees is available in Appendix 3 of the Rules.

Article 14. Limitation of liability

1. The Arbitral Tribunal, the people it nominated, the Arbitration Committee, the Secretariat, the Chamber and its personnel shall not be held liable for any fact, act, or omission relating to arbitration, unless such limitation of liability is against applicable law.

2. An arbitrator shall be found liable in case of violation of the obligations of impartiality and good faith, in case of fraud or serious misconduct or, in case of denial of justice.

Article 15. Emergency arbitrator's contract 

1. The emergency arbitrator’s contract formalises the relationship between the emergency arbitrator and the parties. It sets out the rights and obligations of the emergency arbitrator.

Article 16. General Rule  

1. The Arbitration Committee shall have the power to decide any question relating to the administration of the emergency arbitration proceedings not expressly provided for in these Rules.

Appendices are available in the downloadable version of the Rules.