Appointment of an Emergency Arbitrator
A party in need of urgent interim measures of protection that cannot await the constitution of an arbitral tribunal (the “Applicant”) may apply to the Arbitration Institute of the Finland Chamber of Commerce for the appointment of an Emergency Arbitrator, unless the parties have exercised their right to opt out of the application of the emergency arbitrator provisions.
The Institute shall seek to appoint an Emergency Arbitrator within two days after receipt of both the Application for the appointment of an Emergency Arbitrator (the “Application”) and the application deposit for the costs of the emergency arbitrator proceedings (the “Application Deposit”).
The Institute recommends that, before submitting the Application to the Institute, the Applicant carefully review the relevant provisions of the Arbitration Rules and the Rules for Expedited Arbitration of the Finland Chamber of Commerce (the “Rules”), and especially Appendix III thereof (Emergency Arbitrator Rules).
Commencement of the proceedings
The Emergency Arbitrator proceedings are commenced by the Applicant submitting a written Application to the Institute.
The Application may be made either before or after the commencement of the arbitration. However, the Application shall be submitted to the Institute prior to the transmission of the case file to the arbitral tribunal pursuant to Article 24 of the Arbitration Rules or Article 23 of the Rules for Expedited Arbitration. Failure to comply with this time limit shall result in the dismissal of the Application by the Institute.
Where the Application is submitted before the Request for Arbitration, the Institute shall terminate the Emergency Arbitrator proceedings if the Request for Arbitration is not submitted within 10 days from the date of receipt of the Application by the Institute. However, in exceptional circumstances, the Institute may extend this time limit upon a reasoned request of a party or the Emergency Arbitrator.
If the Institute determines that it should accept the Application, it shall transmit a copy of the Application and the attached documents to the respondent once the Applicant has supplied sufficient copies and paid the Application Deposit.
The Institute shall seek to appoint an Emergency Arbitrator within two days after receipt of both the Application and the Application Deposit.
As soon as the Emergency Arbitrator has been appointed, the Institute shall notify the parties of the appointment and transmit the Application, together with any other documents that the Institute may have received from the parties, to the Emergency Arbitrator. After that, all written communications from the parties shall be submitted directly to the Emergency Arbitrator, with a simultaneous copy to the other party.
For more information on the proceedings before an Emergency Arbitrator, please refer to Appendix III of the Rules (Emergency Arbitrator Rules).
The Application shall contain the following information:
(a) the name and contact details of the parties and of their counsel or other representatives;
(b) identification of and, where possible, a copy of the arbitration agreement under which the dispute is to be settled;
(c) identification of any contract, other legal instrument or relationship out of or in relation to which the dispute arises;
(d) a brief description of the circumstances giving rise to the Application and of the underlying dispute referred or to be referred to arbitration;
(e) a statement of the relief sought from the Emergency Arbitrator;
(f) the reasons why the Applicant needs urgent interim measures of protection that cannot await the constitution of an arbitral tribunal;
(g) any agreement as to the seat of arbitration, the law or rules of law applicable to the substance of the dispute, or the language of the arbitration; and
(h) proof of payment of the Application Deposit referred to in Article 4 of Appendix III of the Rules.
If the Applicant is registered for VAT, please also provide the Applicant’s VAT number.
Further, the Application may contain such other information or documents as the Applicant considers appropriate to contribute to the efficient examination of the Application.
Upon filing the Application, the Applicant is required to pay the Application Deposit of EUR 25,000. This consists of EUR 5,000 for the administrative fee and expenses of the Institute and EUR 20,000 for the fee and expenses of an Emergency Arbitrator.
The Application Deposit shall be paid to the bank account of the Finland Chamber of Commerce:
Bank: Nordea Bank Finland Plc
BIC/SWIFT Code: NDEAFIHH
IBAN: FI60 1200 3000 0254 86
Beneficiary: Finland Chamber of Commerce
When making the payment, please indicate the parties to the dispute and reference “Application Deposit for Emergency Arbitrator proceedings” in the message field.
The Application shall be submitted in the language of the arbitration as agreed by the parties. Failing such agreement, the Application shall be submitted in the language of the arbitration agreement.
Submission of the Application
The Applicant is required to submit a sufficient number of hard copies of the Application to the Institute promptly after the e-mail transmission. The Application shall be submitted to the Institute in the number of copies required to provide one copy for each party, one for the Emergency Arbitrator and one for the Institute.
By mail to:
The Arbitration Institute of the Finland Chamber of Commerce
P.O. Box 1000
By hand delivery to: Aleksanterinkatu 17 (World Trade Center Helsinki)
Applicants are encouraged to inform the Secretariat beforehand of their intention to file an Application, preferably by calling the Secretary General Heidi Merikalla-Teir, tel. +358 9 4242 6222 / mobile +358 40 750 6106.