Content with Consent: SCC Emergency Arbitration in Investor-State Disputes
Abstract
In the volatile landscape of international investments, both investors and host states occasionally face unforeseen risks that necessitate swift legal action. Emergency arbitration offers a mechanism for obtaining interim relief even before a dispute formally reaches an arbitral tribunal. This form of arbitration is particularly appealing to investors involved in disputes with states, as it protects their investments from being at the mercy of state actions. By providing an immediate forum for addressing urgent issues, emergency arbitration enhances the effectiveness of international arbitration as a means of dispute resolution. This, in turn, strengthens the principles of fairness and justice within the international legal framework.