Emergency and interim relief are powerful remedies that can maintain the status quo or grant affirmative relief by requiring a party to continue performance under a contract, freezing assets, or preventing the destruction of evidence. Emergency relief can now be obtained in most domestic and international arbitrations before the arbitrators have been selected, whereas interim relief must be sought from the permanent tribunal. The rules for obtaining such relief vary considerably among the different arbitral institutions, and must be followed closely to ensure issuance of an emergency or interim order. This program will provide guidance for drafting arbitration provisions in construction contracts to maximize the type of relief available, outline the procedures for obtaining orders for emergency and interim relief, and suggest creative methods for enforcing those orders.
Upon completion of this session, participants will be able to:
- Utilize an outline of a matrix that can be used to assist in structuring arbitration provisions.
- Understand the rules governing emergency and interim relief in construction arbitrations.
- Use creative methods for enforcing emergency and interim relief orders in domestic and international construction arbitrations.