Is emergency arbitration possible?

The NAI does not have provisions for emergency arbitration, in other words an arbitration process resulting in a quick decision. In urgent cases, however, a party may ask the tribunal – once it has been appointed – to establish appropriate rules of procedure.

Parties may also agree that the fixed periods for the short answer (14 days) and the return of the list of arbitrators (14 days) be shortened.

In the case of international arbitration, the respondent will be given 28 days in which to file a short answer. The NAI then has 28 days to appoint the arbitrator(s).

In cases of extreme urgency, parties may even agree that the arbitrator(s) be appointed directly without the application of the list procedure and that a hearing be conducted immediately after appointment.

Such arrangements can be set out in the arbitration clause or agreed upon once a dispute has arisen.