Emergency arbitration has certainly gained popularity among different arbitration institutions. However, the enforceability of decisions taken by the emergency arbitrator remains a concern arising from the particular characteristics of the emergency adjudicator and the emergency decision. Ultimately, the enforceability of emergency decisions will depend on the national law of the State where enforcement will be sought. However, the specific characteristics of emergency arbitration render the assimilation of the third emergency adjudicator to an arbitrator and of his decision to an award, for the purpose of enforcing that decision, problematic. In addition, national legislations that provide for special or specific solutions to emergency decisions are rare.The existing solutions ensuring the enforcement of emergency decisions involve, in one way or another, a certain degree of review by national judges. Such judicial intervention does not suit the needs that emergency arbitration must satisfy.
Revue de l’arbitrage