NEWSLETTER-2020-metin

190 NEWSLETTER 2020 Emergency Arbitrator and Expedited Rules In light of the COVID-19, emergency arbitrator provisions have become a useful tool for parties who seek emergency relief. Emergen- cy arbitrator is a procedure that aims to provide fast relief in situations where parties do not wish to wait for a tribunal to be established. Many arbitral institutions have established rules in this respect 3 . This could be a good solution for parties who would like to over- come some pressing issues affecting their business and, especially, force majeure issues can be addressed more quickly through an emer- gency measure granted in the form of an order 4 . On the other hand, expedited procedure provisions offered by some institutions like the ICC can also be useful tools to shorten the duration of the proceedings (i.e. six months from the case management conference according to the ICC Expedited Procedure Provisions). It also provides a simplified procedure that allows tribunals to decide on documents without conducting a hearing, limit the number of submis- sions, and avoid signing terms of reference 5 . 3 Balıkçı, Melissa : “ICC Report on Emergency Arbitrator Proceedings” , Erdem & Erdem Newsletter, February 2020, Işık, Fatih : “The New Emergency Arbitra - tor Procedure Under The ICC 2012 Rules” , Erdem & Erdem Newsletter, June 2013, http://www.erdem-erdem.av.tr/publications/law-post/the-new-emergency- arbitrator-procedure-under-the-icc-2012-rules/ 4 For detailed information on ICC Force Majeure and Hardship Clauses please see; Erdem, H. Ercüment : “An Update from the ICC: The ICC Force Majeure and Hardship Clauses 2020”, Erdem&Erdem Newsletter, March 2020. 5 Erdem, H. Ercüment : “Current Issues in Expedited Procedures in Arbitration” Erdem&Erdem Newsletter, November 2017; http://www.erdem-erdem.av.tr/pub- lications/newsletter/current-issues-in-expedited-procedures-in-arbitration/; Ba- bur von Schwander, Ezgi : “ICC Expedited Procedure Rules in accordance with the ICC Note on the Conduct of Arbitration” , Erdem&Erdem Newsletter, March, 2017 http://www.erdem-erdem.av.tr/publications/newsletter/icc-expedited-pro- cedure-rules-in-accordance-with-the-icc-note-on-the-conduct-of-arbitration/ ; Işık, Fatih : “ICC Rules on Expedited Procedure” , Erdem&Erdem Newsletter, October, 2016, http://www.erdem-erdem.av.tr/publications/newsletter/icc-rules- on-expedited-procedure/