Abstract: Although the emergency arbitrator system works well under the commercial arbitration system, it has some dysfunction and institutional defects when it is applicable to international investment arbitration. In addition to its inherent implementation deficiencies, the existing system does not properly balance the interests of investors and national interests, nor can they fully consider the complexity of investment arbitration cases. In the long run, the emergency arbitrator procedure can make up the deficiencies faced by the tribunal when dealing with emergencies, and provide more comprehensive protection for investors. Its application under international investment arbitration has a certain necessity, but its application needs to make some adjustments, such as the requirement of express agreement. Meanwhile, the complexity of investment arbitration cases should be taken carefully when designing the time framework and other specific procedures.

Key words: Emergency arbitrator; International investment arbitration; Procedural fairness; Emergency issues.

Journal: Journal of Xi’an Jiaotong University (Social Sciences), 2018.04.