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Applying the InternationalStandard for Interim Measures in International Including Emergency Arbitration

When:  1:00-2:30

Where:  From your home or office by video conference. Sign in details to follow.

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Applying the InternationalStandard for Interim Measures in International Including Emergency Arbitration

Long gone are the days when parties had to go to court to obtain interim measures relevant to an upcoming or ongoing international arbitrations. The rules of all major arbitration institutions now allow parties to request emergency arbitrations before their arbitration tribunals are constituted and interim measures from those tribunals once they are constituted.  The debate is no longer whether arbitrators can grant emergency relief, but rather what is the proper standard that applicants must meet to obtain that relief. The rules of the major arbitral institutions are silent on this crucial point. Some practitioners may be tempted to apply the standard for interim measures established by local law. International arbitrators tend to prefer to apply an international standard. That international standard is codified by the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”)..

This presentation will focus on when the Model Law standard for interim measures and emergency arbitrations can be applied, its elements, and how each element should be applied. You will hear from CIArb Fellow Jose F. Sanchez, an arbitrator and counsel with Vinson & Elkins LLP in New York, whose article, “Applying the Model Law’s Standard for Interim Measures in International Arbitration,” will be published by the Journal of International Arbitration in February 2020.  Mr. Sanchez will address how to correctly apply the international standard for interim measures and emergency arbitrations by providing an overview of precedents and authority from around the world on, and the legislative history of, each element of the standard. There will be time for discussion, for example, as to the potential difference in practice between requiring a showing of a “reasonable possibility” of success and “likelihood” of success on the merits. The discussion will be led by Rainbow Willard, Counsel in the International Arbitration practice at Chaffetz Lindsey LLP. Rainbow’s practice focuses on representing clients in complex, high-stakes international commercial and investment treaty arbitrations under the major international rules, including ICC, UNCITRAL, ICSID, LCIA, and SIAC. Members and guests in attendance will receive a multi-page cheat sheet designed to help an arbitrator determine how to apply each element of the international standard.

Application for New York accreditation of this program is pending.

Do you have any burning questions? We have a draft agenda, but we would be happy to address your questions, so please e-mail us at programs@ciarbny.org if there are particular issues you would like us to cover.


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