Emergency relief under new HKIAC rules – Newsletters – International Law Office anxiété définition simple

Jia recently submitted a request for arbitration anoxic tank design calculation with the HKIAC in the name of smart king, seeking to terminate its agreements with hengda and deprive the latter of all of its rights to smart king. Smart king has applied for emergency relief pursuant to the emergency arbitrator procedure, and some media outlets have alleged that this may have an effect on the entire arbitration.

Emergency relief, also known as urgent interim or conservatory relief, is provided for in article 23.3 of the HKIAC administered arbitration rules 2013 (1) and is similar to the concept of preservation. Aimed at preventing hengda from interfering with the operation and financing of smart king, jia’s proposal in this case appears to be a type of behaviour preservation, as provided for in article 23.3(b) of the 2013 rules.

Under article 23.3 of the 2013 rules, emergency relief must be applied for before the constitution of an arbitral tribunal in accordance with the emergency arbitrator procedure. This is because the international arbitration procedure for constituting an arbitral tribunal is more complicated than domestic arbitration procedures for doing so.

If the presiding arbitrator cannot be jointly selected, the arbitral institution will appoint one. During this procedure, the parties may negotiate the backgrounds and language abilities of the arbitrators and challenge the conflict of interest disclosure documents submitted by the presiding anoxic brain injury treatment arbitrator. Therefore, the international arbitration procedure is more time consuming. Further, questions have arisen as to how the legitimate rights of applicants can be protected from the procedure’s adverse effects. One way in which applicants can achieve this is by obtaining remedies and protection through emergency relief and the emergency arbitrator procedure before the formal constitution of an arbitral tribunal.

Parties must submit an application for hypoxic ischaemic encephalopathy prognosis emergency relief to the HKIAC. If the HKIAC accepts the application, it must appoint an emergency arbitrator within two days from receipt of both the application and the advanced application fees, which cover both the HKIAC’s emergency administrative fees and the emergency arbitrator’s fees (charged by the hour). Once appointed, the case will be transferred to the emergency arbitrator, who should render their emergency decision within 15 days from receipt of the case. Any emergency decision will have the same hypoxic ischemic encephalopathy grade 3 effect as the abovementioned emergency relief.

The emergency arbitrator procedure is effective and convenient and has been used in many commercial arbitration cases involving relatively large amounts of money. Official HKIAC data shows that the emergency arbitrator procedure takes only 14 days to complete. For example, according to a 2014 annual report, it took only five hours for an emergency arbitrator to be appointed in an M&A case involving a disputed amount of $1.9 billion, which demonstrates the procedure’s efficiency.

Under the HKIAC administered arbitration rules 2013, each party must agree to fulfil an emergency decision without delay. (2) the newly amended arbitration ordinance (3) stipulates that any emergency relief granted by an emergency arbitrator is as enforceable as an order of the high court of the hong kong special administrative region. However, this does not mean that an emergency decision granted by an emergency arbitrator has absolute authority.

Article 1.4 of the HKIAC administered arbitration rules 2018 stipulates that unless provided otherwise, the rules apply to all arbitrations that fall within article 1.1 in which the notice of arbitration was submitted on or after 1 november 2018. Thus, the 2018 rules are not applicable to jia’s request for arbitration, which was submitted on 3 october 2018. However, the amendments to the emergency arbitrator neurofeedback anxiety testimonials procedure are still worth examining.

The 2013 rules state that a party must apply for emergency relief concurrently with or following the filing of a notice of arbitration, but before the constitution of the arbitral tribunal. However, according to the 2018 rules, a party may apply before filing a notice of arbitration. Further, the 2018 rules stipulate that the emergency arbitrator procedure will hypoxia and anoxia difference be terminated if a notice of arbitration is not submitted to the HKIAC within seven days from the HKIAC’s receipt of the application, unless the emergency arbitrator extends this time limit. As such, this amendment prevents parties from abusing the emergency arbitrator procedure.

Under the 2018 rules, the time limit for appointing an emergency arbitrator has been reduced anxiety attack therapy from two days to 24 hours, regardless of whether the appointment is being made under normal circumstances or in the case of reappointment after an emergency arbitrator’s death, successful challenge, dismissal or resignation. This amendment will significantly reduce the length of the emergency arbitrator procedure, which will encourage parties to undertake this action to protect their legitimate rights.

The 2013 rules did not clarify the relationship between emergency relief and emergency decisions. However, the 2018 rules stipulate that articles 23.2 to 23.8 of the rules will apply mutatis mutandis to any emergency relief granted by an emergency arbitrator. Further, the provision that an emergency decision will lose its binding effect "upon the withdrawal of all claims before the rendering of a final award" has been removed from the 2018 rules.

The 2018 rules stipulate that the cost of emergency relief proceedings will be apportioned among both parties. This differs to the 2013 rules, which stipulated that it was up to the emergency arbitrator to decide the way in which each party would bear such costs. The 2018 rules also state that where an emergency arbitrator procedure is terminated anxiety attack symptoms mayo clinic without an emergency decision, the emergency arbitrator may fix and apportion any costs incurred during the procedure.

The provision that "the emergency arbitrator shall be entitled to order the provision of appropriate security by the party seeking emergency relief hypoxic ischemic encephalopathy treatment in india" has been removed from the 2018 rules. However, the 2018 rules retain article 23.6 of the 2013 rules, which stipulates that an arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure (ie, security can be requested only by the arbitral tribunal; emergency arbitrators will not have this power).

Where the parties agree to pursue other means of settling their dispute after arbitration commences, the HKIAC, the arbitral tribunal or the emergency arbitrator may, at the request of any party, suspend the arbitration or emergency arbitrator procedure, as applicable, on such terms as it considers appropriate. The arbitration or emergency arbitrator procedure will resume at the request of any party, the arbitral tribunal or the emergency arbitrator.

An interim measure, whether in the form of an order or award or in another form, is any temporary measure ordered by the arbitral tribunal at any time prior to the issuance of the award by which the dispute is finally decided, that a party, for hypoxic brain injury recovery time example and without limitation: (a) maintain or restore the status quo pending determination of the dispute; (b) take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself; (c) provide a means of preserving assets out of which a subsequent award may be satisfied; or (d) preserve evidence that may be relevant and material to the resolution of the dispute.