Aceris Law has defeated ICC emergency arbitration proceedings brought by a former supplier against its French client.
ICC emergency arbitration gives parties an alternative to state courts’ jurisdiction in seeking interim or conservatory relief. Since its introduction in 2012, ICC emergency arbitration has become increasingly used, although not always for the reasons for which it was intended, namely when the requested relief is so urgent that it “cannot await the constitution of the arbitral tribunal”.
Unlike standard international arbitration proceedings, emergency arbitration proceedings last merely 15 days from the date on which the file was transmitted to the emergency arbitrator, although the duration may be varied by the agreement of the parties. This can be a harrowing experience for the company that is targeted, which generally has very little time in order to prepare its defence.
The dispute in question concerned French unfair competition law and intellectual property law. While all requests for interim relief were defeated, it is important for businesses to understand that success in emergency arbitration proceedings does not imply that standard arbitration will not continue following such a brief but intense procedure.
William Kirtley and Alexandra Koliakou were the primary lawyers involved in the matter, along with Zuzana Vysudilova and other members of Aceris Law’s team.
Aceris Law has assisted numerous clients both in seeking interim relief, before diverse national courts (securing local counsel when needed) and international arbitral tribunals, and assisting clients who are facing requests for interim relief. While seeking interim or conservatory relief can be crucial when time is of the essence, clients should be aware that the burden of the requesting party, which typically needs to demonstrate the risk of irreparable harm, is high.
Aceris Law offers industry-leading arbitration legal representation worldwide, in multiple languages and under a broad range of legal systems, always with reasonable and transparent terms for its clients.
