Emergency Arbitrator Awards: Addressing Enforceability Concerns Through National Law and the New York Convention

As the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (NY Convention) celebrates its 60th anniversary, it is pertinent to establish its relevance to the enforceability of decisions emanating from improvised variants such as emergency arbitration. By investigating the compatibility of the NY Convention with Emergency Arbitration, this chapter seeks to map the diversity in laws and procedures related to enforcing these decisions in various jurisdictions and under arbitral institutions’ rules. The findings suggest that Emergency Arbitration fulfils an important purpose, providing urgent/conservatory relief to the parties; consequently, the term ‘award’ in the NY Convention needs to be read expansively ensure the enforceability of these decisions.