Any party may resort to the emergency arbitrator to take emergency measures in the form of an arbitration tribunal is not formed yet. The parties shall bind with the decision of emergency arbitrator, but it does not bind the body, and the latter may amend, terminate or revoke the decision.
The "emergency measures" request shall be submitted to the General-Director by any of the parties, whether or not he or she has submitted the request for arbitration, and only the parties have agreed to resort to arbitration in accordance with the rules of the Center.
The "emergency measures" applicant must submit a number of copies of all necessary documents to the parties and the General-director as well.
May not resort to the procedures of the Emergency Arbitrator in the following cases:
1. The parties do not agree to resort to the procedures of the emergency arbitrator.
2. The prior agreement of the parties to resort to another procedure for the adoption of emergency measures.
An application for "emergency measures" shall include:
1. Name, surname and address of the parties and their representatives.
2. Description of dispute facts.
3. Emergency measures to be taken.
4. The reasons for such measures.
5. The arbitration agreement, each agreement relating to the language and place of arbitration and the applicable law.
6. All necessary documents proving the necessity of taking emergency measures.
7. The extraction of the registration parameters is in accordance with Annex 3.
The General Director shall submit the "emergency measures" request to the House of Counselors. The Council of Counselors shall examine the application and notify the General Director of the necessity of accepting or rejecting the application; in return The General Director shall inform the parties of acceptance or rejection no later than 10 days from the date of application receipt.
If the application is accepted, the General Director shall appoint an arbitrator no later than 3 days from the date of informing the parties of the acceptance of the request, after consulting the arbitrators Selection Committee, and notifying the parties within 3 days of the appointment date.
The General Director may end the Emergency Arbitrators’ procedures, if he has not received the Arbitration request, within 15 days from the date of receipt the emergency measures application.
The Emergency Arbitrator shall be subject to the provisions of Article 14 Arbitration Rules at the Libyan Center for International Commercial Arbitration.
The emergency arbitrator may not be an arbitrator in any dispute-related arbitration that has led to the submission of the "request for emergency measures".
A copy of all written correspondence and documents submitted by one of the parties to the Emergency arbitrator or the emergency arbitrator of one of the parties shall sent a copy to the other parties and to the General Director and the Council of Counselors.
The emergency arbitrator's response procedure shall be subjected to the provisions of Articles 18 and 19 of the Center's Arbitration Rules.
The provisions of Articles 7, 8, 28 and 29 of the Center's Arbitration Rules apply to emergency measures.
The emergency arbitrator shall issue a decision on the emergency measures adopted by him for a maximum of 20 days from the date on which the file is referred to him, with respect to the rules of justice and defense rights. The decision shall be made by the emergency arbitrator and shall be sent to the parties, the General director and the council of counselors.
The decision is not binding in the following cases:
1. if the General Director has ended the emergency measures’ procedures on meaning of Article 7 of this Annex.
2. The emergency arbitrator's response to the meaning of Article 10 of this regulation.
3 - Suspension of the decision by the arbitrator for serious reasons he sees.
4. Withdrawal of all applications or ending the arbitration prior to the final judgment.
5. The arbitral tribunal shall issue a final judgment, unless it decides otherwise.
The expenses of the Emergency Arbitrator are subjected to the requirements of Annex No. 3.
Libyan Center for International Commercial Arbitration