Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Punjab - Section

Section 18A in Chandigarh Arbitration Centre (Arbitration Proceedings) Rules, 2014

18A. Emergency Arbitrator.

(1)If a party is in requirement of urgent interim or conservatory measures, that cannot await formation of the Arbitration Tribunal, it may make an application to the Secretariat addressed to the Coordinator, with a simultaneous copy thereof to the other parties to the arbitration agreement for such measures.
(2)The party making such an application shall
(a)describe the circumstances and the nature of the urgency and the measures sought
(b)pay the relevant application fee for appointment of the Emergency Arbitrator
(c)file proof of service of such application upon the opposite parties.
(3)The party invoking the provision of Emergency Arbitrator shall deposit cash and fees prescribed in the schedule.
(4)The Secretariat with the consent of the Chairperson shall appoint the Emergency Arbitrator within two days of making of such request (excluding non-business days).
(5)The Emergency Arbitrator so appointed shall schedule a hearing including filing of pleadings and documents by the parties within two business days of his appointment. The Emergency Arbitrator shall provide reasonable opportunity of being heard to all the parties before granting any urgent interim or conservatory measures and proceed to make an Order by giving reasons. The parties shall comply with any order made by the Emergency Arbitrator.
(6)The Emergency Arbitrator shall ensure that the entire process from the appointment of the Emergency Arbitrator to making the Order shall be completed within seven (7) days (excluding non-business days).
(7)The Emergency Arbitrator shall become functus officio after the Order is made and shall not be a part of the Arbitral Tribunal, which may be formed subsequently and in accordance with Rule 14, unless otherwise agreed to by the parties.
(8)The order for urgent interim or conservatory measures passed by the Emergency Arbitrator shall not bind the Arbitral Tribunal on the merits of any issue or dispute that the said Tribunal may be required to determine.
(9)The order passed by the Emergency Arbitrator shall remain operative for a period of two months from the date of passing of the order unless modified, substituted or vacated by the Arbitral Tribunal. The Arbitral Tribunal will also have the power to extend the order beyond the period of two months.