In consumer arbitration can you request for an expedited arbitrator for interim relief after filing a demand but before an arbitrator has been appointed?
2 Answers
There has to be an arbitrator before they can issue orders
Yes, arbitrators can make interim orders. No, they can’t do it before they are the arbitrator.
Yes, many arbitral forums provide the possibility of having an "emergency arbitrator" deal with matters in the interim "prior to the formation" of the Arbitral Tribunal.
See "Enforceability of interim measures and emergency arbitrator decisions." That article says that the following arbitration venues provide for emergency arbitrator mechanisms:
- International Chamber of Commerce (see Art. 29 of the rules)
- International Centre for Dispute Resolution (see Art. 6)
- Singapore International Arbitration Centre (see Schedule 1)
- Stockholm Chamber of Commerce (see Appendix II)
- London Court of International Arbitration (see Art. 9b)