NEWSLETTER-2020-metin

223 ARBITRATION LAW ICC Report on Emergency Arbitrator Proceedings* Att. Melissa Balıkçı Sezen Introduction On the ICC Turkey Arbitration Day, one of the topics discussed was the ICC Report on the Emergency Arbitrator Proceedings. As known, in April 2019 the ICC Commission on Arbitration and ADR Task Force on Emergency Arbitrator Proceedings published a report (“Report”) 1 . The Report analyses all aspects, including procedural and sub- stantive issues that may arise in emergency arbitrator (“EA”) proceed- ings and is aimed at facilitating the use of EA proceedings through increased transparency and predictability. The Report contains statistics, some of which are stated, below. By 30 April 2018, 80 ICC Applications for Emergency Measures had been filed; therefore the numbers below relate to these applications: 2 • Relief has been granted in only 23 of the ICC EA applicati- ons, and in only eight of these cases has the EA fully granted the requested relief 3 ; • Twenty-one EA applications were rejected in whole or in part on threshold grounds 4 ; • Three of these EA applications were rejected in whole or in part by the President of the ICC International Court of Arbit- ration as part of the President’s “applicability” test 5 ; * Article of February, 2020 1 For the full report, please see: https://iccwbo.org/publication/emergency-arbitra- tor-proceedings-icc-arbitration-and-adr-commission-report/ 2 Please see para 3 of the Report. Approximately 40 more applications have been filed after the Report was published. 3 Please see Section G of Annex I of the Report. 4 Please see para 9, 87 et seq. of the Report. 5 Please see paras 9 and 71 of the Report.