The Suitability of the Emergency Arbitrator for Investment Disputes

• Autor(a) principal: Gouveia,Mariana França
• Data de Publicação: 2019
• Outros Autores: Antunes,João Gil
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://scielo.pt/scielo.php?script=sci_arttext&pid=S2183-184X2019000200003
• topic: International arbitration; Emergency arbitrator; States; State entities; State enterprises

In the past, interim relief prior to the constitution of the arbitral tribunal had taken the form of multiple legal mechanisms. For one reason or another, all of them would eventually fail. In 2006, however, the paradigm would change definitively with the creation of the Emergency Arbitrator. Currently, all the main international arbitration institutions, with rare exceptions, offer their users the possibility of obtaining such interim relief. The normative architecture of this new mechanism - idealised and structured for disputes between private entities - ended up being applied to disputes involving states, state entities, and state enterprises. Given the characteristics of both these actors and the disputes in which they participate, the question arises as to whether this system, as it exists, can be applied to them without any need for adaptation. Therefore, we propose a careful analysis of the international arbitral case law on the matter, which, although scarce, is finally beginning to provide relevant insights.