Launch of the IBA Arb40 Guidance on Emergency Arbitration

Emergency arbitration is no longer the “new kid on the block.” Since its introduction in 1999 by the American Arbitration Association, emergency arbitration has been adopted and refined by regional and global arbitral institutions, becoming a standard procedural tool.

Emergency arbitration is a procedure that enables a party to an arbitration agreement to obtain urgent interim relief from an arbitrator before the arbitral tribunal is constituted, thereby avoiding the need to resort to national courts, where the dispute may end up in the public domain. While most arbitration practitioners are aware of emergency arbitration, not all will have had direct experience with the process. When practitioners face an emergency arbitration, whether as counsel or as arbitrator, they often have limited time to research and analyse the applicable rules and practices.

Emergency arbitration is a procedure that enables a party to an arbitration agreement to obtain urgent interim relief from an arbitrator before the arbitral tribunal is constituted, thereby avoiding the need to resort to national courts, where the dispute may end up in the public domain.

Summary of the launch: a practical guide focused on demystifying emergency arbitration, offering actionable insights for both counsel and arbitrators, with emphasis on speed, procedural clarity, and risk management in urgent matters.

The work underlines that the guide aims to be user-focused, providing practical perspectives and comparative notes for practitioners—especially younger arbitrators who are likely to encounter emergency arbitrations during their careers. The guidance is designed as a starting point, not a comprehensive treatise, to help practitioners identify key issues, trends, and effective approaches in emergency arbitration scenarios.

The resulting guidance is designed to be a user-focused resource, offering practical insights and comparative perspectives for practitioners—particularly young arbitrators, who are likely to encounter emergency arbitrations in their careers. The guide aims to demystify the process, highlight key issues and trends, and provide actionable advice for both counsel and arbitrators.

The guide, titled “Emergency arbitration: A practical guide for young arbitration practitioners” (the “Guide”), was launched during the IBA Annual Conference 2025 under the leadership of Emilio Bettoni and Hyojung (Kelly) Shin. It also discusses the interaction between emergency arbitration provisions and multi-tier dispute resolution clauses, where an ADR step precedes arbitration.

The Guide, entitled “Emergency arbitration: A practical guide for young arbitration practitioners” (the “Guide”) was launched during the IBA Annual Conference 2025 under the leadership of Emilio Bettoni and Hyojung (Kelly) Shin. The Guide also discusses the interplay between emergency arbitration provisions and multi-tier dispute resolution clauses, i.e., clauses which require alternative dispute resolution prior to arbitration.

On appointment of an emergency arbitrator, the Guide outlines the typical timeline and process, balancing the need for expeditious action with selecting a competent arbitrator and preserving the parties’ right to challenge if necessary.

Overall, the IBA Arb40 Guidance on Emergency Arbitration is presented as a practical, practitioner-oriented resource that consolidates current best practices, highlights key issues, and provides a structured starting point for handling urgent relief requests in arbitration.

Wolters Kluwer — 2025-11-20

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