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The first part of a series examines the requirements of Article 37 of the International Center for Dispute Resolution (ICDR) International Arbitration Rules and four cases in which a party sought pre-arbitration emergency relief under its provision. The procedure enables a party to apply for emergency interim relief before the appointment of an arbitrator or tribunal to adjudicate the merits of the dispute. Instead, the application for emergency relief is considered by an emergency arbitrator appointed by the ICDR for this specific task. Article 37(a) states that it applies to all arbitrations under the ICDR Rules that are "conducted under arbitration clauses or agreements entered on or after May 1, 2006." A review of the four pre-arbitration applications for emergency relief filed with the ICDR since May 2006 indicates that the procedures instituted by Article 37 work well and the ICDR is carrying them out in an efficient and effective way.
I N T E R N AT I O N A L What should parties expect from the ICDR pre-arbitration emergency relief procedure? Part I of this article examines the requirements of Article 37 of the ICDR International Arbitration Rules and four cases in which a party sought pre-arbitration emergency relief under its provisions. Part II, which will be published in the next issue of the Dispute Resolution Jou
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