We conduct rapid emergency arbitration proceedings under the Federal Arbitration Act (FAA) using JAMS, AAA, or UNCITRAL-aligned rules as your contract permits. The goal is a reasoned emergency decision/award within 24–48 hours after eligibility is confirmed and the file is complete.
Termination threats, payment freezes causing shutdown, site lockouts, cure disputes, preservation of evidence, urgent project continuity.
Critical vendor disruption, access denial, logistics stoppage, imminent service failure, preservation of assets/records.
Misuse of confidential information, diversion of accounts, interference orders, urgent restraint to preserve rights (where permitted by clause/rules).
If you have emergency arbitration provisions and need an order to preserve the status quo, contact intake now.
ADR VIRTUAL ARBITRATION
ACCESS TO JUSTICE INITIATIVE
EMERGENCY ARBITRATION AWARD (INTERIM MEASURES)
(REDACTED SAMPLE – TRAINING/ILLUSTRATIVE FORMAT)
Case No.: EVA-[REDACTED]
Seat / Legal Place of Arbitration: [REDACTED], United States
Hearing Format: Virtual (Secure Video)
Applicable Law / Framework: Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., as incorporated by the Parties’ contract;
and the Parties’ chosen emergency arbitration procedure under [REDACTED RULE SET].
Decision Date: February 25, 2026
1. PARTIES (ALL IDENTIFYING DETAILS REDACTED)
Claimant: [REDACTED] (“Claimant”)
Respondent: [REDACTED] (“Respondent”)
Project / Contract: [REDACTED] (the “Contract”)
Emergency Arbitrator:
Zarak O. Ali, Arb.
(Appointed pursuant to the emergency arbitration clause contained in the Contract and the incorporated rules.)
2. PURPOSE AND NATURE OF THIS AWARD
2.1 This is an emergency award granting interim measures to preserve the status quo and prevent irreparable harm pending any further arbitration on the merits.
2.2 This Award is based on the record developed on an expedited basis. It is without prejudice to the tribunal’s ultimate determination of liability, quantum, or final relief.
3. PROCEDURAL HISTORY (EXPEDITED)
3.1 On [REDACTED], Claimant filed an Emergency Application seeking interim measures, including:
(a) an order preventing Respondent from terminating Claimant for alleged default pending a merits determination;
(b) an order preserving and securing certain funds in dispute; and
(c) costs associated with this emergency phase.
3.2 On [REDACTED], the Emergency Arbitrator was appointed. The parties were directed to exchange:
(i) the Contract and emergency clause;
(ii) key exhibits limited to those necessary to establish urgency and entitlement to interim measures; and
(iii) a concise written submission from each party.
3.3 Respondent filed an Emergency Response on [REDACTED].
3.4 A virtual emergency hearing was conducted on [REDACTED] for [REDACTED] hours. Each party was afforded a fair opportunity to be heard. The record closed at [REDACTED] (ET).
4. JURISDICTION AND AUTHORITY
4.1 The Contract contains an arbitration clause with an emergency/interim measures provision. The clause incorporates [REDACTED RULE SET], which authorizes an emergency arbitrator to grant interim measures.
4.2 Under the FAA, arbitration agreements are enforceable according to their terms. The Parties’ agreement is therefore given effect as written.
(See, e.g., Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1 (1983).)
4.3 The Emergency Arbitrator’s authority in this phase is limited to interim measures necessary to prevent irreparable harm or preserve the status quo pending a full hearing.
5. ISSUES FOR DETERMINATION (EMERGENCY PHASE ONLY)
The emergency issues are:
(a) Whether Claimant has demonstrated a sufficient basis for interim measures;
(b) Whether the requested measures are necessary to prevent irreparable harm and preserve the status quo;
(c) Whether the balance of hardships and equities supports interim relief; and
(d) What undertakings, security, or cost allocations are just at this stage.
6. FACTUAL FINDINGS (REDACTED SUMMARY)
6.1 The Contract governs [REDACTED SCOPE OF WORK] on [REDACTED PROJECT]. The Contract includes milestone-based performance and payment terms.
6.2 The record establishes that a dispute arose concerning:
(i) alleged nonconforming work and cure notices (Respondent’s position), and
(ii) alleged improper withholding of payment and threatened termination (Claimant’s position).
6.3 Respondent issued a notice of termination for default effective [REDACTED], and threatened to replace Claimant immediately.
6.4 Claimant demonstrated, through contemporaneous exhibits, that immediate termination and replacement would likely:
(a) cause cascading operational disruption and loss of key workforce and access rights;
(b) impair Claimant’s ability to complete/inspect/cure items and preserve evidence; and
(c) create time-sensitive lien and payment-chain consequences that cannot be fully remedied by damages alone.
6.5 Respondent demonstrated concerns regarding schedule, quality, and potential downstream exposure if work continued without controls.
7. GOVERNING STANDARD FOR INTERIM MEASURES
7.1 The Parties’ clause and incorporated rules authorize interim measures. In applying emergency relief principles, the Emergency Arbitrator is guided by well-recognized equitable factors used for injunctive relief:
likelihood of success, irreparable harm, balance of equities/hardships, and public interest.
(See, e.g., Winter v. NRDC, 555 U.S. 7 (2008).)
7.2 For permanent injunctive relief, courts similarly apply a traditional four-factor test.
(See, e.g., eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006).)
While this is an emergency/interim phase, the same equitable logic is instructive.
7.3 Jurisprudence reference (persuasive, not binding):
Leading arbitration commentary recognizes that interim measures are intended to preserve the efficacy of the arbitration process
and prevent relief on the merits from becoming illusory (see, e.g., Gary B. Born, International Commercial Arbitration (treatise),
discussion of interim measures and preservation of the arbitral process).
8. ANALYSIS
8.1 Clause Eligibility
The threshold condition is met: the parties contracted for arbitration with emergency/interim measures. This is not an ad hoc substitute for court; it is clause-based relief.
8.2 Likelihood of Success (Threshold Showing)
On the emergency record, Claimant has made a credible showing that:
(i) the termination timeline may be inconsistent with the Contract’s cure and notice mechanics (as alleged and partially supported by exhibits), and
(ii) at minimum, there are serious questions going to the merits appropriate for expedited arbitration.
This is a preliminary assessment only.
8.3 Irreparable Harm / Urgency
The evidence supports a finding that immediate termination and replacement—before a merits hearing—risks irreparable harm, including loss of contractual position,
disruption of project access and evidence, and the risk that a later merits award could be practically ineffective. This factor favors interim relief.
8.4 Balance of Hardships / Equities
Both sides face hardship. However:
- Claimant’s harm is immediate and potentially non-compensable if terminated now.
- Respondent’s risk can be mitigated through targeted controls, preservation obligations, and financial security.
The balance favors a narrow status quo order with protective conditions.
8.5 Public Interest
The public interest supports enforcement of contractual dispute-resolution mechanisms and maintaining stability in critical commercial performance pending adjudication.
9. DISPOSITION (INTERIM MEASURES AWARD)
FOR THE REASONS ABOVE, the Emergency Arbitrator ORDERS as follows:
9.1 Status Quo / Standstill
Respondent shall not terminate Claimant for default, replace Claimant, or materially alter Claimant’s scope under the Contract solely on the basis of the alleged defaults
described in the current termination notice, for a period of FOURTEEN (14) days from the date of this Award (through March 11, 2026),
or until a further order of a merits tribunal, whichever occurs first.
9.2 Limited Performance / Non-Interference
During the standstill period:
(a) Claimant shall continue performance limited to: (i) safety-related items; (ii) protection of completed work; (iii) cure work specifically listed in Exhibit A [REDACTED];
and (iv) non-invasive inspection and documentation.
(b) Respondent shall provide reasonable site access and shall not interfere with the limited performance described above.
9.3 Preservation of Evidence
Each party shall preserve all relevant project records, including (without limitation) emails, texts, daily logs, photos, QA/QC records, invoices, change orders,
and access-control logs. No deletion, destruction, or alteration of such records shall occur pending further order.
9.4 Funds / Security
To balance equities and protect against wrongful interim relief:
(a) Respondent shall place USD $185,000.00 into a neutral escrow account administered by [REDACTED ESCROW AGENT] within three (3) business days of this Award.
(b) The escrowed funds shall be held pending further order of a merits tribunal or written agreement of the parties.
(c) Claimant shall provide an undertaking (written promise) not to seek disbursement of escrowed funds absent further order, except for mutually agreed payments.
9.5 Expedited Merits Track
The parties shall confer within 24 hours to select the merits tribunal pathway under the Contract and incorporated rules.
If the parties cannot agree, the emergency arbitrator directs the parties to proceed with [REDACTED ADMINISTRATIVE STEP] within 48 hours.
9.6 Costs of the Emergency Phase
(a) Emergency arbitrator fee for this phase is fixed at USD $7,500.00.
(b) Administrative/filing cost for this phase is USD $1,250.00.
(c) Allocation: Respondent shall pay 60% and Claimant shall pay 40% within five (5) business days.
This allocation is interim and may be reallocated by the merits tribunal.
9.7 No Determination on Final Liability
Nothing in this Award finally determines breach, default, entitlement to damages, or ultimate responsibility for costs on the merits.
10. SIGNATURE
Dated: February 25, 2026
/s/ Zarak O. Ali
Zarak O. Ali, Arb.
Emergency Arbitrator
ADR Virtual Arbitration (Access to Justice Initiative)
Emergency Intake: Call/Text 838-207-9084