Emergency relief — overviewEmergency relief — tribunal and court powers

Emergency relief can be provided under powers exercised by the tribunal or by the court as provided for by the Arbitration Act 1996 (the Act). In many instances, the tribunal's powers are agreed by the parties. However, where they are not, the Act's provisions will apply.

The court's powers, as set out in the Act, are the same as those the court would have in legal proceedings. However, the court can only exercise such powers in certain circumstances.

The court can grant emergency relief outside England and Wales. The court has a discretionary power in this case and may decide it would be inappropriate for it to grant such relief.

Emergency relief — applications and appeals

The procedure to be used in applying for emergency relief will depend on whether it is an urgent or non-urgent application. If an application is urgent then it can be made prior to the issue of a claim form. If the relief is granted then a claim form must be issued promptly so that the court has jurisdiction to sustain the injunction granted. Urgency is not defined in the Act but has been considered in case law.

Non-urgent application must be brought in accordance with CPR 8. In international arbitrations specific consideration should be given to ensuring that permission to serve out of the jurisdiction can be obtained.

Leave of the court is required to appeal any court decision in relation to emergency relief.