On April 29th, 2019, James Hosking spoke at the ICC’s Annual West Coast Conference in San Francisco. Hosted by Arnold & Porter LLP, the conference addressed hot topics and recent developments in international arbitration of interest to practitioners on the West Coast. James led a discussion about Emergency Arbitrator Proceedings, providing insights into how to administer these procedures and analyzing key takeaways from the newly released ICC Commission Report on Emergency Arbitrator Proceedings.
James, is co-chair of the Task Force on Emergency Arbitrator Proceedings that produced the report, which offers insight on procedural and substantive issues in emergency arbitrator proceedings—from identifying emerging trends to collating practical tips to facilitate the use of EA proceedings. The report is based on an empirical study of the first eighty ICC EA applications and presents key data on issues such as challenges to jurisdiction, substantive standards applied, success rates, and post-application enforcement. The report also summarizes responses from forty-five ICC National Committees addressing questions regarding the status of EA proceedings under national laws.
According to James, “While acknowledging the flexibility provided under the ICC rules, the task force has been able to distill practical advice on how best to handle emergency arbitration proceedings, drawing on the combined experience of arbitrators, counsel, commercial users, and the institution itself. There is no other comparable resource available to the international arbitration community.”
The full report can be downloaded here: https://iccwbo.org/publication/emergency-arbitrator-proceedings-icc-arbitration-and-adr-commission-report/