ESQ Legal Practice Magazine JUNE 2014 EDITION | Page 65

tent judicial authority at
irrespective of whether
have been confirmed or
any time prior to making
such claims are made
appointed.
an appointment for such
under one or more than
It should be noted that
measures and in approone arbitration agreement
when arbitrations are
priate circumstances
under the Rules
consolidated, they shall
thereafter, pursuant to the
Also two or more
be consolidated into the
Rules; any application for
arbitrations pending
arbitration that comsuch measures from a
under the Rules may be
menced first, unless
competent judicial
consolidated into a single
otherwise agreed by all
authority shall not be
arbitration by the Court
parties.
deemed to be an infringeand at the request of a
ment or a waiver of the
party where;
(4) Emergency arbitrator
arbitration agreement;
provisions.
(a) the parties have
any such application and
agreed to consolidation;
Article 29 of the 2012
any measures taken by
or
Rules provides for the
the judicial authority
appointment of an
(b) all the claims in the
must be notified without
Emergency arbitrator
arbitrations are made
delay to the Secretariat.
where a party needs
under the same arbitraurgent interim or
tion agreement; or
(5) Ethical issues in International
conservatory measures
(c) where the claims in
Arbitration
that cannot await the
the arbitrations are made
Ethics have been said to
constitution of an arbitral
under more than one
ensure legitimacy in
tribunal. The Emergency
arbitration agreement, the
international arbitration
arbitrator's decision takes
arbitrations are between
so that awards emanating
the form of an Order and
the same parties, the
from the decision of
the parties undertaken to
disputes in the arbitraarbitrators may be easily
comply with any Order
tions arise in connection
accepted by parties rather
made by the Emergency
with the same legal
than lead to a continuum
Arbitrator. The
relationship and the court
of Court cases and
Emergency Arbitrator
finds the arbitration
subsequent ill-feelings
Rules (Appendix V of the
agreement to be compatiamong commercially
new Rules) apply only to
ble.
friendly parties. The
parties that are either
The Court while deciding
huge focus on Ethics
signatories of the
whether or not to
arose from among other
arbitration agreement
consolidate may take
things the high stakes in
under the Rules that is
account of any circumArbitration, disputes
relied upon for the
stances it considers to be
involving huge sums of
application or successors
relevant including
money and the expansion
to such signatories. It is
whether or more than one
of trade among global
important to note that the
of the arbitrators have
communities with
Emergency Arbitrator
been confirmed or
different cultural and
provisions are not
appointed in more than
ethnic philosophies, with
intended to prevent any
one of the arbitrations,
less instinctive trust either
party from seeking urgent
and if so whether the
in the adjudicators and/or
interim or conservatory
same or different persons
the administering
measures from a compe65 I EsQ legal practice

institutions.
Under the 1998 ICC RulesSection 7 (1)
requires 'every arbi