Özet:

One of the biggest advantages of arbitration is the freedom to choose the arbitrators. However, it also has several downsides such as the lengthy period of time required for the constitution of the arbitral tribunal. Before, parties could only seek interim measures from local courts until the constitution of the arbitral tribunal. Arbitral institutions opined that the option to apply to a court for interim measures at the commencement of arbitration would be contrary to the parties’ common intention for arbitration. Therefore, they created new rules to address this issue, including emergency arbitrators. According to these rules, an emergency arbitrator has the competence to decide on interim measures prior to the constitution of the arbitral tribunal. Their powers are generally similar to the arbitrators’ powers to grant interim measures. The main debate regarding emergency arbitrators is whether or not their decisions are enforceable. The answer to this question depends, especially, on another question: is it possible to conclude that emergency arbitrators are arbitrators? If the answer to that question is positive, then the question of enforceability can be answered according to the legal nature of the decisions of emergency arbitrators and the local regulations. After all, in practice, it is known that parties generally tend to comply with these decisions, which are contractually binding.

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