Exceptional Procedures

Abstract This chapter provides extensive guidance on the operation of the so-called exceptional procedures contained in Appendix II to the Rules. Appendix II on exceptional procedures is subdivided into a total of four articles, each of which introduces a procedure that qualifies as exceptional under this head. These are: (i) the procedure for the adoption of interim measures under the Rules; (ii) the procedure for the appointment of an Emergency Arbitrator, and an Emergency Arbitrator’s mandate, under the Rules; (iii) the procedure for conciliation (as opposed to arbitration) proceedings under the Rules; and (iv) the appointing authority procedure, which empowers the Centre, together with the Arbitration Court, to serve as a default-appointment authority in non-DIAC arbitral proceedings, ie in arbitral proceedings not administered by the DIAC. By separating them out from the body of the Rules in a stand-alone Appendix II, these procedures gain in visibility and procedural importance. The procedures for the adoption of interim measures and the appointment of an Emergency Arbitrator are of regular occurrence in DIAC arbitration; so is the role of the DIAC as a default-appointing authority in non-DIAC proceedings.