Emergency arbitrator proceedings and the GKML case

In late 2017, the Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC) accepted its first case applying the emergency arbitrator proceedings (EA proceedings) in Mainland China, known as the GKML case. In terms of the emergency arbitrator’s award rendered in arbitral proceedings administered by the BAC/BIAC, the applicant in the GKML case obtained an enforcement order rendered by the High Court of the Hong Kong Special Administrative Region Court of First instance.

With the arbitral tribunal’s efficient arrangement and attorneys’ professional contribution, the GKML case was finally settled amicably. The emergency arbitrator in the GKML case, Sun Wei, posted an article recently in his Kluwer Arbitration Blog to introduce this case. It has attracted a lot of attention and generated subsequent discussions among the Chinese arbitration community on the EA proceedings and interim measures.

This article offers a different perspective to that of the arbitral institution on the EA proceeding and interim measures of the GKML case.

Terence Xu is a senior manager at the BAC/BIAC. BAC/BIAC’s case manager, Shen Yunqiu, also contributed to the article