This page explains how to obtain urgent interim relief in an international arbitration before the tribunal is in place, under the emergency arbitrator provisions of the ICC Arbitration Rules 2021, the ICDR International Arbitration Rules (2021) and the LCIA Arbitration Rules 2020, and under New York law, CPLR 7502(c). KOR Law LLP's international arbitration practice represents clients in proceedings administered by the ICC, ICDR and LCIA and in cross-border commercial disputes involving foreign counterparties.
How fast is each route?
| Route | Appointment or filing | Decision | Form of relief |
|---|---|---|---|
| ICC emergency arbitrator | Normally within two days of the application (App. V, Art. 2) | Within 15 days of transmission of the file, extendable (App. V, Art. 6(4)) | Order (Art. 29(2)) |
| ICDR emergency arbitrator | Within one business day (Art. 7(2)) | Schedule set within two business days of appointment (Art. 7(3)) | Interim award or order (Art. 7(4)) |
| LCIA emergency arbitrator | Within three days, if granted (Art. 9.6) | No later than 14 days after appointment (Art. 9.8) | Order or award (Art. 9.8, 9.9) |
| New York Supreme Court | Application in the county where the arbitration is pending or as CPLR 7502(a) directs | Court's schedule; Article 63 procedures apply | Attachment or preliminary injunction (CPLR 7502(c)) |
How does an emergency arbitrator application work, step by step?
- Confirm the rules allow it. The ICC emergency arbitrator does not apply to agreements concluded before 1 January 2012, to parties who opted out, or to treaty-based agreements (ICC Art. 29(6)).
- File the application. Under the ICDR Rules, the application must state the relief sought, why it is needed before the tribunal is appointed, why the party is likely to be entitled to it, and what injury will follow without it, and must be filed with or after the notice of arbitration (ICDR Art. 7(1)).
- File the request for arbitration on time. Under the ICC Rules, the proceedings end if the Request for Arbitration is not received within 10 days of the application, unless the emergency arbitrator allows longer (ICC App. V, Art. 1(6)).
- Appointment and disclosures. A challenge to an ICDR emergency arbitrator must be made within one business day (ICDR Art. 7(2)).
- A quick hearing. Proceedings may be by telephone, video or written submissions (ICDR Art. 7(3)).
- Decision and security. Relief may be conditioned on security (ICDR Art. 7(6)).
- Hand-off to the tribunal. Once formed, the tribunal may affirm, modify or vacate the emergency relief (ICDR Art. 7(5); LCIA Art. 9.11; ICC Art. 29(3)).
What can an emergency arbitrator order?
Broad interim measures. Under the ICC Rules, the emergency arbitrator addresses "urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal," and decides by a reasoned order the parties undertake to obey (ICC Art. 29(1), (2)). The ICDR emergency arbitrator may order "any interim or conservatory measures" it deems necessary, "including injunctive relief and measures for the protection or conservation of property," must give reasons, and may later modify or vacate its own decision (ICDR Art. 7(4)). The LCIA emergency arbitrator may make any order or award the full tribunal could make, and may adjourn part of the application to the tribunal (LCIA Art. 9.8).
Costs follow the procedure. The ICDR emergency arbitrator addresses the costs of the application, subject to the tribunal's final allocation (ICDR Art. 7(8)), and the LCIA charges a Special Fee that becomes part of the arbitration costs (LCIA Art. 9.10). Within those powers, a party might ask, for example, for an order preserving goods, documents or funds, or barring a step that would cause serious harm before the full tribunal can act on the request.
When does a New York court step in?
CPLR 7502(c) lets the Supreme Court grant an order of attachment or a preliminary injunction "in connection with an arbitration that is pending or that is to be commenced inside or outside this state," whether or not the New York Convention applies. The only ground is that the award "may be rendered ineffectual without such provisional relief." The court applies the procedures of CPLR Articles 62 and 63, including undertakings (CPLR 6312(b)). If the arbitration is not started within 30 days of the order, the order expires and the respondent recovers costs, including reasonable attorney's fees, unless the court changes that period for good cause (CPLR 7502(c)).
Going to court generally does not waive arbitration. The ICC Rules say an application to a judicial authority is not an infringement or waiver of the arbitration agreement (ICC Arts. 28(2), 29(7)); the ICDR Rules say it is not incompatible with the agreement to arbitrate (ICDR Arts. 7(7), 27(3)); and the LCIA Rules permit court applications before the tribunal is formed (LCIA Arts. 9.13, 25.3). The court standards and timing are compared in how fast you can get a TRO or preliminary injunction in New York.
What changes the answer?
- Whether relief must reach third parties. Emergency relief is "binding on the parties" (ICDR Art. 7(4)); reaching a bank or other non-party usually calls for a court order such as an attachment (CPLR 7502(c)).
- Notice. ICDR applications must certify that all parties were notified or explain the good-faith steps taken (ICDR Art. 7(1)).
- Which rules apply. Speeds and forms differ; see how the ICC, ICDR and LCIA differ.
- Whether the other side disputes arbitrating at all. A court may first need to decide that question; see how to compel or stop an arbitration in New York.
- The form of the decision. An award, as the ICDR and LCIA allow, may be easier to take to court than an order (ICDR Art. 7(4); LCIA Art. 9.9).
- Transfers already made. Assets moved to avoid a creditor may be recoverable; see whether a creditor can undo a property transfer as a fraudulent (voidable) conveyance in New York.
For example: a distributor about to sell inventory
For example, imagine a Korean manufacturer whose ICDR clause covers a New York distributor that has stopped paying and is preparing to sell the manufacturer's consigned inventory to a third party. (This is a made-up illustration, not a real client or result.) The manufacturer files a notice of arbitration and an emergency application the same day, explaining why relief cannot wait and what harm will follow (ICDR Art. 7(1)).
An emergency arbitrator is appointed within one business day and sets a video hearing within two business days (ICDR Art. 7(2), (3)). Because a bank account at a third-party bank also needs to be frozen, the manufacturer separately asks the Supreme Court for an attachment under CPLR 7502(c), showing that an award could be rendered ineffectual without it, and commences the arbitration within 30 days as the statute requires.
Common mistakes
- Waiting for the full tribunal. Forming a three-member ICC tribunal involves successive 15-day nomination periods when the ICC Court decides three arbitrators are warranted (ICC Art. 12(2)); emergency routes exist for that gap.
- Missing the ICC 10-day follow-up. The request for arbitration must arrive within 10 days of the emergency application (ICC App. V, Art. 1(6)).
- Letting a court order lapse. Under CPLR 7502(c), the arbitration must start within 30 days.
- Using the wrong standard in court. The sole ground is that the award may be rendered ineffectual (CPLR 7502(c)).
- Assuming the emergency arbitrator will sit on the tribunal. Under the ICDR Rules, the emergency arbitrator may not serve unless the parties agree (ICDR Art. 7(5)).
- Overlooking the award stage. Interim relief does not replace the merits award or its enforcement; see whether you can challenge an arbitration award in a New York court.
What to do this week
- Read the arbitration clause for the institution, rules version and any opt-out.
- Write down the specific harm and why it cannot wait for a tribunal.
- Identify assets, accounts and third parties that any order must reach.
- Prepare the notice or request for arbitration alongside the emergency application.
- Decide whether to add a CPLR 7502(c) court application.
- Plan for security or an undertaking.
Frequently asked questions
Is an emergency arbitrator's order binding?
On the parties, yes: they undertake to comply (ICC Art. 29(2); ICDR Art. 7(4)). The later tribunal can change it (ICC Art. 29(3); ICDR Art. 7(5); LCIA Art. 9.11).
Can I go to court instead?
Yes, within each rulebook's limits; New York courts apply CPLR 7502(c).
Does a court application waive the right to arbitrate?
Not under the ICC, ICDR or LCIA rules (ICC Art. 28(2); ICDR Art. 7(7); LCIA Art. 9.13).
Can the arbitration be outside New York?
Yes. CPLR 7502(c) covers arbitrations pending or to be commenced inside or outside the state.
What if the counterparty is foreign and has assets here?
Attachment in aid of arbitration is available under CPLR 7502(c); later enforcement of the award is covered in how to enforce a foreign arbitration award in New York.
Can I get evidence quickly for the emergency hearing?
Evidence rules depend on the rules and the tribunal. Court-ordered U.S. discovery under 28 U.S.C. 1782 is not available for private commercial arbitration; see whether you can use U.S. discovery for a foreign case or arbitration.