§ 2. Managing Client’s Expectations on Time

14.The test to decide how fast to initiate the arbitration should be urgency: is…

15.Regarding provisional measures, there are situations in which one may need an urgent decision, even before an arbitral tribunal is constituted, to prevent the other party from taking certain steps. For instance, it can be necessary to block goods before the other side would dispose of them. Apart from standard injunctive relief decided by a state court of competent jurisdiction, another tool worth considering for those situations is to seek interim measures from an emergency arbitrator appointed by the arbitration institution chosen. Under the Swiss Rules of International Arbitration (Swiss Rules) for example, an emergency arbitrator would decide in 15 days maximum, and a ruling ex parte…

16.With respect to the substantive case itself, real urgency is rare, as the matter needs to be fully heard on the merits. There are situations, however, where the final decision is not urgent, but the filing of the case is, so that proceedings are formally commenced, typically when the limitation period has to be interrupted or where creating lis pendens…