INTERIM ARBITRATOR. 3.7.1 A party may apply to the Institute for Urgent Interim Measures: (a) before the Tribunal’s appointment; or (b) if there is a challenge to an Arbitrator 3.7.2 An Urgent Interim Measures application must contain: (a) the full name, description, address, and other contact details of each party; (b) the full name, address, and other contact details of anyone representing the applicant; (c) a description of: (i) the circumstances that led to the Urgent Interim Measures application; and (ii) the underlying dispute; (d) a statement of the Urgent Interim Measures the party seeks; (e) a statement of the reasons the applic- ant needs Urgent Interim Measures that cannot wait for the constitution of the Tribunal; (f) a copy of any relevant agreement(s) and, in particular, the arbitration agreement; (g) any agreement about the location(s) of the arbitration hearings and meet- ings, the rules of law that apply, or the language of the arbitration; (h) proof of payment of the Urgent Inter- im Measures application fee as set out in Schedule C; and (i) copies of any Notice of Request to Arbitrate, Notice of Submission to Ar- bitration, and any other submissions related to the dispute that have been delivered to the Institute by any of the parties before the Urgent Interim Measures application. 3.7.3 An Urgent Interim Measures application may be made without notice, in which case the application must also: (a) set out why the applicant has applied without notice; and (b) contain a full and ▇▇▇▇▇ disclosure of all relevant facts. 3.7.4 The Institute must appoint an Interim Arbit- rator to hear the Urgent Interim Measures application as soon as possible, normally within two days of receiving the application. 3.7.5 An Interim Arbitrator may be appointed even if the Tribunal’s jurisdiction is disputed. 3.7.6 A challenge to the Interim Arbitrator’s appointment must be made within 24 hours of: (a) the Institute communicating the iden- tity of the Interim Arbitrator; or (b) delivery of the Interim Arbitrator’s statement under Rule 3.3.3, whichever is later. 3.7.7 After the Institute appoints the Interim Arbitrator: (a) the Institute must notify the parties and deliver the Urgent Interim Meas- ures application to the Interim Arbit- rator; (b) the parties must deliver all written communications directly to the Inter- im Arbitrator, with a copy to all other parties and the Institute; and (c) the Interim Arbitrator must deliver a copy to the Institute of any written communication he or she delivers to the parties. 3.7.8 The Interim Arbitrator must establish a pro- cedure for the Urgent Interim Measures ap- plication as soon as possible, normally within two days after receiving the application. 3.7.9 The Interim Arbitrator must conduct the proceedings in a manner that he or she considers appropriate, taking into account Rule 1.1 and the nature and urgency of the application. 3.7.10 The Interim Arbitrator has full discretion to grant the interim relief he or she considers appropriate and may consider (without limitation): (a) the need for the Urgent Interim Meas- ures; (b) the urgency of the matter; and (c) the parties’ situations if the Urgent Interim Measures are or are not granted. 3.7.11 The Interim Arbitrator may grant interim relief until a decision on the Urgent Interim Measures application is made. 3.7.12 The Interim Arbitrator’s decision on an Urgent Interim Measures application must: (a) be in the form of an order; (b) be in writing; (c) state the reasons on which it is based; (d) be dated and signed by the Interim Arbitrator; and (e) be made within 15 days from the date the file was received by the Interim Arbitrator, unless the parties agree otherwise or the Interim Arbitrator orders otherwise. 3.7.13 The Institute must end the Interim Arbitrator proceedings if the Institute does not receive a Notice of Request to Arbitrate or a Notice of Submission to Arbitration from the applic- ant within 10 days of the Institute receiving the Urgent Interim Measures application, unless the Interim Arbitrator determines that more time is necessary. 3.7.14 The parties must comply with any order the Interim Arbitrator makes. 3.7.15 If the Urgent Interim Measures application was made without notice, the Interim Arbitrator may: (a) grant relief on a without notice basis, in which case: (i) the Interim Arbitrator must give all other parties an opportunity to be heard as soon as practic- able; and (ii) the order made without notice remains valid only until the Inter- im Arbitrator renders a decision on notice to all parties; or (b) without giving reasons, may refuse to grant relief on a without notice basis. 3.7.16 An Interim Arbitrator’s order does not bind the Tribunal with respect to the question, issue, or dispute determined in the order. 3.7.17 The Interim Arbitrator or the Tribunal may modify, terminate, or annul an order, or any modification of it, made by the Interim Arbitrator. 3.7.18 The Tribunal must decide on any party’s requests or claims related to the Urgent Interim Measures application, including reallocating the costs of an application and claims related to compliance or non-compli- ance with an order. 3.7.19 Rule 3.7 applies only to parties who are signatories to the arbitration agreement and their successors. 3.7.20 Rule 3.7 does not apply if the parties to the arbitration agreement have agreed to anoth- er procedure that provides for conservatory, interim, or similar measures. 3.7.21 Nothing in Rule 3.7 prevents a party from seeking interim measures from a court before or after applying for Urgent Interim Measures. An application to a court for interim measures is not considered an infringement or waiver of the arbitration agreement. A party that applies to court for interim measures must notify the Institute without delay of the application and of any court order.
Appears in 1 contract
Sources: Arbitration Agreement
INTERIM ARBITRATOR.
3.7.1 A party may apply to the Institute for Urgent Interim Measures:
(a) before the Tribunal’s appointment; or (b) if there is a challenge to an Arbitrator
3.7.2 An Urgent Interim Measures application must contain:
(a) the full name, description, address, and other contact details of each party;
(b) the full name, address, and other contact details of anyone representing the applicant;
(c) a description of:
(i) the circumstances that led to the Urgent Interim Measures application; and
(ii) the underlying dispute;
(d) a statement of the Urgent Interim Measures the party seeks;
(e) a statement of the reasons the applic- ant needs Urgent Interim Measures that cannot wait for the constitution of the Tribunal;
(f) a copy of any relevant agreement(s) and, in particular, the arbitration agreement;
(g) any agreement about the location(s) of the arbitration hearings and meet- ings, the rules of law that apply, or the language of the arbitration;
(h) proof of payment of the Urgent Inter- im Measures application fee as set out in Schedule C; and
(i) copies of any Notice of Request to Arbitrate, Notice of Submission to Ar- bitration, and any other submissions related to the dispute that have been delivered to the Institute by any of the parties before the Urgent Interim Measures application.
3.7.3 An Urgent Interim Measures application may be made without notice, in which case the application must also:
(a) set out why the applicant has applied without notice; and
(b) contain a full and ▇▇▇▇▇ disclosure of all relevant facts.
3.7.4 The Institute must appoint an Interim Arbit- rator to hear the Urgent Interim Measures application as soon as possible, normally within two days of receiving the application.
3.7.5 An Interim Arbitrator may be appointed even if the Tribunal’s jurisdiction is disputed.
3.7.6 A challenge to the Interim Arbitrator’s appointment must be made within 24 hours of:
(a) the Institute communicating the iden- tity of the Interim Arbitrator; or
(b) delivery of the Interim Arbitrator’s statement under Rule 3.3.3, whichever is later.
3.7.7 After the Institute appoints the Interim Arbitrator:
(a) the Institute must notify the parties and deliver the Urgent Interim Meas- ures application to the Interim Arbit- rator;
(b) the parties must deliver all written communications directly to the Inter- im Arbitrator, with a copy to all other parties and the Institute; and
(c) the Interim Arbitrator must deliver a copy to the Institute of any written communication he or she delivers to the parties.
3.7.8 The Interim Arbitrator must establish a pro- cedure for the Urgent Interim Measures ap- plication as soon as possible, normally within two days after receiving the application.
3.7.9 The Interim Arbitrator must conduct the proceedings in a manner that he or she considers appropriate, taking into account Rule 1.1 and the nature and urgency of the application.
3.7.10 The Interim Arbitrator has full discretion to grant the interim relief relief4 he or she considers appropriate and may consider (without limitation):
(a) the need for the Urgent Interim Meas- ures;
(b) the urgency of the matter; and
(c) the parties’ situations if the Urgent Interim Measures are or are not granted.
3.7.11 The Interim Arbitrator may grant interim relief until a decision on the Urgent Interim Measures application is made.
3.7.12 The Interim Arbitrator’s decision on an Urgent Interim Measures application must:
(a) be in the form of an order;
(b) be in writing;
(c) state the reasons on which it is based;
(d) be dated and signed by the Interim Arbitrator; and
(e) be made within 15 days from the date the file was received by the Interim Arbitrator, unless the parties agree otherwise or the Interim Arbitrator orders otherwise. 4 In Québec, section 751 of the Code of Civil Procedure, R.S.Q., c. C-25, restricts injunctive relief to the exclusive jurisdiction of the Superior Court. As a result, arbitrators in Québec do not have the power to grant injunctive relief.
3.7.13 The Institute must end the Interim Arbitrator proceedings if the Institute does not receive a Notice of Request to Arbitrate or a Notice of Submission to Arbitration from the applic- ant within 10 days of the Institute receiving the Urgent Interim Measures application, unless the Interim Arbitrator determines that more time is necessary.
3.7.14 The parties must comply with any order the Interim Arbitrator makes.
3.7.15 If the Urgent Interim Measures application was made without notice, the Interim Arbitrator may:
(a) grant relief on a without notice basis, in which case:
(i) the Interim Arbitrator must give all other parties an opportunity to be heard as soon as practic- able; and
(ii) the order made without notice remains valid only until the Inter- im Arbitrator renders a decision on notice to all parties; or
(b) without giving reasons, may refuse to grant relief on a without notice basis.
3.7.16 An Interim Arbitrator’s order does not bind the Tribunal with respect to the question, issue, or dispute determined in the order.
3.7.17 The Interim Arbitrator or the Tribunal may modify, terminate, or annul an order, or any modification of it, made by the Interim Arbitrator.
3.7.18 The Tribunal must decide on any party’s requests or claims related to the Urgent Interim Measures application, including reallocating the costs of an application and claims related to compliance or non-compli- ance with an order.
3.7.19 Rule 3.7 applies only to parties who are signatories to the arbitration agreement and their successors.
3.7.20 Rule 3.7 does not apply if the parties to the arbitration agreement have agreed to anoth- er procedure that provides for conservatory, interim, or similar measures.
3.7.21 Nothing in Rule 3.7 prevents a party from seeking interim measures from a court before or after applying for Urgent Interim Measures. An application to a court for interim measures is not considered an infringement or waiver of the arbitration agreement. A party that applies to court for interim measures must notify the Institute without delay of the application and of any court order.
Appears in 1 contract
INTERIM ARBITRATOR.
3.7.1 A party may apply to the Institute for Urgent Interim Measures:
(a) before the Tribunal’s appointment; or (b) if there is a challenge to an Arbitrator
3.7.2 An Urgent Interim Measures application must contain:
(a) the full name, description, address, and other contact details of each party;
(b) the full name, address, and other contact details of anyone representing the applicant;
(c) a description of:
(i) the circumstances that led to the Urgent Interim Measures application; and
(ii) the underlying dispute;
(d) a statement of the Urgent Interim Measures the party seeks;
(e) a statement of the reasons the applic- ant needs Urgent Interim Measures that cannot wait for the constitution of the Tribunal;
(f) a copy of any relevant agreement(s) and, in particular, the arbitration agreement;
(g) any agreement about the location(s) of the arbitration hearings and meet- ings, the rules of law that apply, or the language of the arbitration;
(h) proof of payment of the Urgent Inter- im Measures application fee as set out in Schedule C; and
(i) copies of any Notice of Request to Arbitrate, Notice of Submission to Ar- bitration, and any other submissions related to the dispute that have been delivered to the Institute by any of the parties before the Urgent Interim Measures application.
3.7.3 An Urgent Interim Measures application may be made without notice, in which case the application must also:
(a) set out why the applicant has applied without notice; and
(b) contain a full and ▇▇▇▇▇ disclosure of all relevant facts.
3.7.4 The Institute must appoint an Interim Arbit- rator to hear the Urgent Interim Measures application as soon as possible, normally within two days of receiving the application.
3.7.5 An Interim Arbitrator may be appointed even if the Tribunal’s jurisdiction is disputed.
3.7.6 A challenge to the Interim Arbitrator’s appointment must be made within 24 hours of:
(a) the Institute communicating the iden- tity of the Interim Arbitrator; or
(b) delivery of the Interim Arbitrator’s statement under Rule 3.3.3, whichever is later.
3.7.7 After the Institute appoints the Interim Arbitrator:
(a) the Institute must notify the parties and deliver the Urgent Interim Meas- ures application to the Interim Arbit- rator;
(b) the parties must deliver all written communications directly to the Inter- im Arbitrator, with a copy to all other parties and the Institute; and
(c) the Interim Arbitrator must deliver a copy to the Institute of any written communication he or she delivers to the parties.
3.7.8 The Interim Arbitrator must establish a pro- cedure for the Urgent Interim Measures ap- plication as soon as possible, normally within two days after receiving the application.
3.7.9 The Interim Arbitrator must conduct the proceedings in a manner that he or she considers appropriate, taking into account Rule 1.1 and the nature and urgency of the application.
3.7.10 The Interim Arbitrator has full discretion to grant the interim relief he or she considers appropriate and may consider (without limitation):
(a) the need for the Urgent Interim Meas- ures;
(b) the urgency of the matter; and
(c) the parties’ situations if the Urgent Interim Measures are or are not granted.
3.7.11 The Interim Arbitrator may grant interim relief until a decision on the Urgent Interim Measures application is made.
3.7.12 The Interim Arbitrator’s decision on an Urgent Interim Measures application must:
(a) be in the form of an order;
(b) be in writing;
(c) state the reasons on which it is based;
(d) be dated and signed by the Interim Arbitrator; and
(e) be made within 15 days from the date the file was received by the Interim Arbitrator, unless the parties agree otherwise or the Interim Arbitrator orders otherwise.
3.7.13 The Institute must end the Interim Arbitrator proceedings if the Institute does not receive a Notice of Request to Arbitrate or a Notice of Submission to Arbitration from the applic- ant within 10 days of the Institute receiving the Urgent Interim Measures application, unless the Interim Arbitrator determines that more time is necessary.
3.7.14 The parties must comply with any order the Interim Arbitrator makes.
3.7.15 If the Urgent Interim Measures application was made without notice, the Interim Arbitrator may:
(a) grant relief on a without notice basis, in which case:
(i) the Interim Arbitrator must give all other parties an opportunity to be heard as soon as practic- able; and
(ii) the order made without notice remains valid only until the Inter- im Arbitrator renders a decision on notice to all parties; or
(b) without giving reasons, may refuse to grant relief on a without notice basis.
3.7.16 An Interim Arbitrator’s order does not bind the Tribunal with respect to the question, issue, or dispute determined in the order.
3.7.17 The Interim Arbitrator or the Tribunal may modify, terminate, or annul an order, or any modification of it, made by the Interim Arbitrator.
3.7.18 The Tribunal must decide on any party’s requests or claims related to the Urgent Interim Measures application, including reallocating the costs of an application and claims related to compliance or non-compli- ance with an order.
3.7.19 Rule 3.7 applies only to parties who are signatories to the arbitration agreement and their successors.
3.7.20 Rule 3.7 does not apply if the parties to the arbitration agreement have agreed to anoth- er procedure that provides for conservatory, interim, or similar measures.
3.7.21 Nothing in Rule 3.7 prevents a party from seeking interim measures from a court before or after applying for Urgent Interim Measures. An application to a court for interim measures is not considered an infringement or waiver of the arbitration agreement. A party that applies to court for interim measures must notify the Institute without delay of the application and of any court order.order.
Appears in 1 contract
Sources: Arbitration Agreement