Emergency Arbitrator Application Drafter

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name: emergency-arbitrator-application-drafter
description: Drafts an application for urgent interim or conservatory relief before an emergency arbitrator under applicable institutional rules, including jurisdiction, urgency, merits, harm, proportionality, evidence, notice, security, and enforceability planning. Use when a tribunal has not yet been constituted and a user wants emergency institutional relief, needs an emergency arbitrator request, or must compare that route with court interim measures. Do not use for ordinary tribunal applications after constitution or India court applications under section 9.
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# Emergency Arbitrator Application Drafter

## Purpose

Prepare a focused emergency application that satisfies the institution's current threshold and can be heard on an accelerated record, while preserving an effective court or enforcement fallback.

## Required inputs

Obtain the arbitration agreement, contract, seat, governing law, institution and applicable rule version, commencement status, tribunal-constitution status, requested relief, urgency chronology, supporting evidence, respondent and service details, related proceedings, and location of affected assets or conduct.

Ask whether a request for arbitration has been or will be filed simultaneously, what harm will occur before an ordinary tribunal can act, and where an emergency order would need recognition or practical compliance.

## Method

1. Retrieve the institution's current official emergency provisions, filing checklist, fee, appointment timetable, notice requirements, decision standard, order duration, and transition rule once the tribunal is constituted.
2. Confirm threshold jurisdiction: valid arbitration agreement, rules incorporating the emergency mechanism, temporal applicability, party coverage, absence of a constituted tribunal, and any opt-out.
3. Compare available routes. Explain the practical advantages and limitations of emergency arbitration, court relief at the seat or asset location, and expedited tribunal constitution. Do not assume an emergency order is directly enforceable in every jurisdiction.
4. Build an urgency chronology measured in hours or days where necessary. Explain why the applicant could not reasonably wait and account for any earlier delay.
5. Present the merits only to the depth needed for interim relief. Identify the right, breach or threatened breach, evidence, defence likely to be raised, and provisional assessment under the applicable standard.
6. Tie each prayer to immediate harm, proportionality, and practical implementation. Address preservation, security, undertakings, confidentiality, and duration.
7. Address notice and procedural fairness. Identify what was served, when, by which rule-authorised method, and what opportunity the respondent has to answer. Request without-notice treatment only if the rules permit it and the facts justify it.
8. Build the record for recognition or later tribunal review: authenticated agreement, complete material correspondence, witness statement or affidavit, exhibits, translations, chronology, and proposed order.
9. Plan the handoff to the full tribunal and any parallel court application, including disclosure of each proceeding and avoidance of inconsistent relief.

## Output

Produce:

1. **Eligibility and route note**.
2. **Emergency application** — introduction, jurisdiction, facts, urgency, merits, harm, proportionality, and relief.
3. **Proposed emergency order** with precise obligations, duration, reporting, security, and liberty to apply.
4. **Evidence and authority list**.
5. **Filing and service checklist** under the verified rules.
6. **Enforcement and tribunal-handoff plan**.

## Guardrails

- Do not rely on remembered institutional rules; retrieve the version governing the case.
- Do not claim that an emergency order is an arbitral award or automatically enforceable without checking the seat and enforcement forum.
- Do not manufacture urgency or omit delay, parallel proceedings, adverse communications, or prior applications.
- Do not seek final merits relief under an emergency label.
- Keep allegations proportionate to the available accelerated record and mark disputed facts plainly.