Section 16 Arbitration and Mediation Act
Section 16 Arbitration and Mediation Act 2023 is about Appointment of an emergency arbitrator. It is under Part I (Arbitration) of the Act.
(1) A party that requires emergency relief may, concurrent with or following the filing of a request for a dispute to be referred to arbitration but before the constitution of the arbitral tribunal, submit an application for the appointment of an emergency arbitrator to any arbitral institution designated by the parties, or, failing such designation, to the Court, as defined in section 91.
(2) The party who requires the appointment of an emergency arbitrator shall provide sufficient copies of the application to the arbitral institution or the Court to make one copy available for the emergency arbitrator and one copy for each party, who shall be notified of the proceedings in accordance with subsection (6).
(3) Unless the parties agree otherwise, the application shall include the following information about-
(a) a statement of the emergency relief sought;
(b) the name in full, description, address and other contact details of each party;
(c) a description of the circumstances that give rise to the application and of the underlying dispute referred to arbitration;
(d) the reason why the applicant needs the emergency relief on an urgent basis that cannot await the constitution of an arbitral tribunal;
(e) the reasons why the applicant is entitled to the emergency relief; and
(f) any relevant agreement and, in particular, the arbitration agreement.
( 4) The application may contain any other document or information as the applicant considers appropriate or that may contribute to the efficient examination of the application.
(5) Where the arbitral institution or Court determines that it should accept the application, it shall, unless the parties otherwise agree, appoint an emergency arbitrator within two business days after the date the application is received.
(6) Once the emergency arbitrator has been appointed, the arbitral institution or Court shall, at the expense of the party making the application, immediately notify the emergency arbitrator and other party or parties named in the application, not later than the close of business on the business day following the date the application is granted, or any other time, not exceeding two business days, as the arbitral institution or Court considers to be appropriate in the circumstances, and written communications from the parties shall subsequently be submitted directly to the emergency arbitrator with a copy to the other
party or parties.
(7) Every emergency arbitrator shall be and remain impartial and independent of the parties involved in the dispute.
(8) A prospective emergency arbitrator shall sign and deliver to the parties a statement of acceptance, availability, impartiality and independence.
(9) The emergency relief proceedings shall be in accordance with the provisions of Article 27 of the First Schedule to this Act.
(10) This section and Article 27 of the First Schedule to this Act shall not prevent any party from seeking urgent interim measures from a Court under section 19 of this Act, at any time before making an application for the measures, and in appropriate circumstances thereafter.
(11) Any application for urgent interim measures from a competent Court is not deemed to be an infringement or waiver of the arbitration agreement.
