Route chosen by bite
Emergency arbitrator or national court, decided by which order this respondent will actually feel — and which a bank must obey.
Emergency & interim measures
The tribunal is not yet formed. The assets are already moving.
Emergency arbitrator applications and court-side interim measures in aid of arbitration: Aun & Co. secures positions before and during arbitral proceedings.
Arbitration's weakest hour is its first one: the clause is triggered, the tribunal does not yet exist, and the counterparty is using the gap. Two routes close it — emergency-arbitrator procedures under institutional rules such as the ICC's, and interim measures from national courts in aid of arbitration, which Israeli law permits without waiving the arbitration agreement. The firm runs both, choosing by a single test: which order actually stops the harm, and can it be enforced against this respondent in time.
The work spans
- Emergency arbitrator applications under institutional rules
- Court applications for interim relief in aid of arbitration
- Freezing, preservation and status-quo orders pending constitution
- Interim-measures requests before the tribunal once formed
- Defending against emergency and interim applications
- Arbitration is commenced and the respondent has begun moving assets out of reach.
- A counterparty is about to terminate or transfer the very subject of the dispute.
- Evidence held by the other side will not survive the months of tribunal constitution.
- You were served an emergency application and the response window is measured in days.
The route is chosen by enforceability, not elegance: an emergency arbitrator's order binds contractually and moves fast; a court order carries state force and reaches third parties such as banks. The firm frequently runs them in sequence — court freeze first where assets are at risk, tribunal measures once constituted. Applications are built as complete evidentiary packages, because urgency forgives nothing in the paperwork.
04 · What you get
The gap covered
Relief sequenced across the dangerous interval between notice and tribunal, so the case that arrives at the hearing still has assets behind it.
Arbitration preserved
Court applications framed so seeking urgent help never becomes an argument that you abandoned the agreement to arbitrate.
A typical engagement: days after a notice of arbitration, the respondent begins restructuring the assets the claim targets. The firm obtains a court freezing order in aid of the arbitration, then converts the position into interim measures before the tribunal once constituted.
Described in abbreviated, anonymised form to preserve client confidentiality.
Can I get a freezing order before the arbitral tribunal is formed?
Yes, by two routes: an emergency arbitrator under institutional rules where the clause adopts them, or the national courts, which may grant interim measures in aid of arbitration. Neither route waives the arbitration agreement when handled correctly.
Are emergency arbitrator decisions enforceable?
They bind the parties contractually, and tribunals treat non-compliance seriously — but their coercive reach is weaker than a court order, especially against banks and third parties. That gap is precisely why route selection is strategy, not preference.
Does going to court for interim relief breach the arbitration clause?
No. Under Israeli law and most institutional rules, seeking interim or conservatory measures from a court is compatible with arbitration. The application should say so on its face, and claim only preservation — not the merits.