Strategic Considerations In Selecting Emergency Arbitration

Law360, New York (October 13, 2017, 2:25 PM EDT) -- A central benefit of commercial arbitration is the ability to select neutral decision makers better suited to decide commercial disputes. At times, however, parties having agreed to arbitrate face a crisis where they need relief before a tribunal can be appointed. Parties may need to secure property, prevent disclosure of proprietary information, or preserve evidence before it is destroyed. Traditionally, parties had no choice but to seek such relief from national courts. This undermined many of the virtues of arbitration, including the desire for confidentiality and the desire to avoid the court system.

In recent years, all of the major arbitral...

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