ARBITER ZA NUJNE PRIMERE

Emergency Arbitrator and the new Ljubljana Arbitration Rules

Rainer Werdnik, LL.M.

The introduction of emergency arbitrator provisions in the new Ljubljana Arbitration Rules was an important and necessary step as urgent interim measures will become more and more important in practice. This is also shown by the number of arbitration rules which implemented such rules in the last years. As a result, arbitration will strengthen its role as an efficient dispute resolution mechanism. Parties are now in the position to gain interim relief by an emergency arbitrator before the constitution of the arbitral tribunal. All arbitration rules which implemented the emergency arbitrator provisions face the question regarding the enforceability of emergency arbitrator decisions. As the arbitration proceedings start after or parallel to the emergency arbitrator proceedings and parties are not aware of the circumstances in the future arbitration proceedings they will think twice about non-complying or complying with the order. Nevertheless, the implementation as an opt-out solution will likely lead to an increasing application for interim measures by emergency arbitrators and thus gain more attention than the ICC Pre-Arbitral Referee Procedure in practice.