EA Order – A Powerful Tool or Just a Piece of Paper? Cover Image

EA Order – A Powerful Tool or Just a Piece of Paper?
EA Order – A Powerful Tool or Just a Piece of Paper?

Author(s): Miloslav Kabrhel
Subject(s): International Law, International relations/trade, Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: Emergency Arbitrator; 2012 ICC Rules; EA Order; Provisional Measure;
Summary/Abstract: The ICC Rules underwent several changes with their 2012 amendments. One of them are the emergency arbitrator provisions which provide for a whole new type of interim measure – the EA order. As it is a new way of obtaining interim measure, its exact legal status remains unclear, especially with regards to its possible enforcement under the New York Convention or national legislation. Therefore, this paper will firstly address the issue whether the EA order is – as suggested by several authorities – a specific type of contract, or can be considered a judicial decision.