Interim and Emergency Measures in International Commercial Arbitration

Clifford D. Bloomfield
Clifford D. Bloomfield
JAMS Arbitrator, Mediator, Neutral Evaluator, Special Master
Robert B. Davidson, Esq., FCIArb
Robert B. Davidson, Esq., FCIArb
JAMS Mediator, Arbitrator and Referee/Special Master

Published February 7, 2018

Virtually all of the major arbitration provider rules expressly authorize an arbitrator to order interim relief in order to preserve the status quo or assure the effectiveness of an award pending a full merits hearing. These orders can take various forms including orders in the nature of prohibitive or mandatory injunctions, anti-suit injunctions, orders compelling a party to post security for costs or orders to preserve evidence or property. Arbitrators have even issued orders in the nature of Mareva-type injunctions forbidding a respondent to transfer assets pending an award. See, e.g., CE Int’l Res. Holdings v. S.A. Minerals Ltd. P’ship, No. 12 Civ. 8087, 2012 WL 6178236, at *1 (S.D.N.Y. Dec. 10, 2012) (enforcing interim award granting a Marevastyle injunction even though the relief could not be awarded by a federal or New York court).

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