Part VI — EMERGENCY ARBITRATOR AND INTERIM MEASURES
17.1 A party in need of urgent interim or conservatory relief, before the constitution of the Tribunal, may apply to the Registrar for the appointment of an Emergency Arbitrator in accordance with this Article and the Emergency Arbitrator Protocol v1.1.
17.2 Application. The application shall contain:
17.2.1 the particulars required under Article 4; 17.2.2 a reasoned statement of the specific relief sought; 17.2.3 a statement of the reasons why relief is needed before the constitution of the Tribunal; 17.2.4 payment of the Emergency Arbitrator Fee prescribed in Schedule I.
17.3 Appointment. The Registrar shall appoint the Emergency Arbitrator within four (4) hours of receipt of a complete application.
17.4 Narrow Ex Parte Protective Order. Where notice to the responding party would defeat the object of the relief, and where the application is confined to (a) asset preservation on prima facie evidence of imminent dissipation, or (b) evidence preservation on prima facie evidence of imminent destruction, alteration, or concealment, the Emergency Arbitrator may, within twenty-four (24) hours of appointment, issue a narrow ex parte protective order. The protective order:
17.4.1 is confined to preserving the status quo pending notice and inter partes hearing; it is not quasi-final relief; 17.4.2 is subject to a duration cap of seventy-two (72) hours or until the inter partes hearing under Article 17.5, whichever is earlier; 17.4.3 requires the applicant to furnish full and frank disclosure; material non-disclosure is a ground for discharge and cost consequence; 17.4.4 requires the applicant to provide an undertaking as to damages, enforceable by the Centre on application of the affected party; 17.4.5 requires the applicant to serve the order and the underlying papers on the responding party forthwith.
17.5 Inter Partes Hearing and Order. The Emergency Arbitrator shall hold an inter partes hearing within forty-eight (48) hours of service of the protective order. After hearing, the Emergency Arbitrator shall confirm, vary, or discharge the protective order by reasoned order. In the absence of a prior protective order, the Emergency Arbitrator shall issue a reasoned inter partes order within fourteen (14) days of appointment.
17.6 Binding Effect. An order of the Emergency Arbitrator binds the parties as a matter of contract. It is not an arbitral award. Nothing in this Article prevents a party from seeking interim measures from a court under Section 9 of the Act, which is expressly preserved.
17.7 Succession to Tribunal. The Emergency Arbitrator shall not, unless the parties otherwise agree, serve as arbitrator in any arbitration relating to the dispute that gave rise to the application.
17.8 Reasoning and Publication. Every Emergency Arbitrator order shall be reasoned in writing. Redacted versions shall be published in the Aggregate Report for institutional precedent.