Over the last two years the concept of «Emergency Arbitrator» has spread in a remarkable manner by being included and regulated in the Rules of the main Courts of Arbitration. Due to being of such a recent nature —except for the practically unused provision in the ICC Regulations of 1990 that we will refer to later on— it must still be seen up to what point this new procedure will be accepted and used and, even more important, to what extent will it meet the needs of international contracts and business. In our opinion, this will depend on the certainty of the party that requests this procedure of whether the defendant will effectively comply with the decision and that it will actually be enforceable and enforced as quickly as required. This last point is a question that is related to the arbitral and procedural law in each State. In this respect, Spanish law is not up to date: there are no provisions regulating this special concept. Therefore, the enforcement of the measures adopted by an emergency arbitrator is subject to general enforcement rules that would not be at all favourable.
Iurgium [previously Spain Arbitration Review]