The Ljubljana Arbitration Rules also provide for special proceedings before an emergency arbitrator when a party needs an urgent interim measure that cannot await the constitution of an Arbitral Tribunal. The Emergency Arbitrator Proceedings address the parties’ needs and wishes for quick and effective legal protection, as the parties that cannot await the constitution of an Arbitral Tribunal no longer have to turn to a state court in order to obtain an urgent interim measure.
The provisions on the Emergency Arbitrator Proceedings are set out in Appendix III of the Ljubljana Arbitration Rules.
How to commence Emergency Arbitrator Proceedings?
The party shall, as a rule, send an Application for Emergency Arbitrator Proceedings to the LAC via e-mail to email@example.com.
The Application for Emergency Arbitrator Proceedings shall include:
- the names, addresses and contact details (e-mail addresses, telephone and fax numbers) of the parties and their representatives;
- a copy of the arbitration agreement or, in the absence of a document containing an arbitration agreement, a description and any evidence of the existence of an agreement to arbitrate;
- a description of the dispute;
- a statement of the interim measure(s) sought and the reasons therefor;
- reasons for the urgency because of which the granting of an interim measure cannot await the constitution of an Arbitral Tribunal;
- a proposal as to the language and seat of the Emergency Arbitrator Proceedings and as to the applicable law; and
- proof of payment of the costs of the Emergency Arbitrator Proceedings pursuant to Article 8 of this Appendix.
The Application shall be submitted in the language of the arbitral proceedings as agreed by the parties. Failing such agreement, the Application shall be submitted in the language of the arbitration agreement.
Costs of the Emergency Arbitrator Proceedings
The costs of the Emergency Arbitrator Proceedings shall be paid upon the submission of the Application and consist of the following:
- the fee of the Emergency Arbitrator in the amount of EUR 10,000 (excluding VAT) and
- a non-refundable administrative fee in the amount of EUR 3,000 (excluding VAT).
Scheme of the Emergency Arbitrator Proceedings