Clash of Tools? Emergency Arbitration vs. Judicial Interim Measures: A Comparative Analysis and Efficiency in Dispute Resolution

Abstract

In dispute resolution, interim relief is essential to prevent irreparable harm before a final decision is issued. This paper compares two key mechanisms: emergency arbitration and traditional interim measures outside the judicial system, examining their advantages and limitations. Through a detailed study, emergency arbitration is compared with interim measures requested before the Judiciary, in order to provide a clear perspective on the effectiveness of each mechanism based on the interests of the party seeking judicial protection. Additionally, the figure of the emergency arbitrator is analyzed, as a tool used by a litigant when the Arbitral Tribunal has not yet been constituted. Furthermore, the regulation of the innovative tool of the Emergency Arbitrator in Peru is examined. Finally, the paper highlights the importance of emergency arbitration as a valuable mechanism that generates a positive impact on dispute resolution.