Meaning
Urgent procedural mechanism providing interim measures before a formal tribunal is seated. Parties seeking hkiac emergency relief apply to the Hong Kong International Arbitration Centre for the appointment of an emergency arbitrator to prevent immediate harm. This application must occur concurrent with or following the filing of a notice of arbitration.
Arbitral Authority
Power to grant relief resides in the emergency arbitrator whose appointment typically occurs within two days of the request. Such hkiac emergency relief takes the form of an order or an award and binds the parties upon issuance.
Temporal Scope
Authority of the emergency arbitrator terminates once the main tribunal is fully constituted. Orders for hkiac emergency relief may be modified or vacated by the permanent tribunal at any stage of the proceedings.
Enforcement Risk
Success of the measure depends upon the recognition of the order in the jurisdiction where assets are located. Local courts in many regions treat hkiac emergency relief as a contractual obligation rather than a final judgment. Failure to comply often leads to adverse inferences or financial penalties during the final merits phase of the arbitration.
The moving party must provide security for costs to protect the respondent against the effects of a wrongful injunction. This security ensures that funds are available if the relief is later found to be unjustified.
