NEWSLETTER-2020-metin

224 NEWSLETTER 2020 • Threshold issues were at the core of 56 of the first 80 ICC EA cases 6 ; and • Twenty-five cases settled on their merits before the issuance of any final award, among which four settled before any or- der was ever issued 7 . Content The report deals with the following four topics; (i) general is- sues, (ii) threshold issues, (iii) procedural matters and (iv) substantive standards. In the context of EA proceedings, it is important to note that there is no universal application, nor can one draw general rules 8 . As dis- cussed in the Report, this is mainly due to the degree of discretion and flexibility that the ICC Arbitration Rules (“ICC Rules ”) 9 leave to the EA. It appears that the EAs strictly apply particular threshold require- ments set by the EA provisions. These threshold issues are applicabil- ity, jurisdiction and admissibility, and are dealt with in Section B of the Report . The number of cases that involve these thresholds reflects their importance. After examining these three threshold issues, the EA will go forward with analysing the merits as to the urgency of the relief sought. These mentioned thresholds are summarised below: Applicability of the ICC Rules This prong is referred to as the “applicability test” of the EA pro- visions. The President of the ICC Court shall consider the information 6 Please see paras 9 and 62 of the Report. 7 Please see para 59 of the Report. 8 Please see para 7 of the Report. 9 Işık, Fatih ; The New Emergency Arbitrator 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/