Emergencies Not Allowed In Arbitrations: Examining Status, Validity, And Enforceability Of Emergency Arbitration Awards In India

I. INTRODUCTION

1. The asset acquisition deal between Future Retail Limited ("Future Retail") and Reliance Retail Ventures Limited ("Reliance Retail") and the subsequent legal disputes raised by Amazon India has brought the mechanism of 'Emergency Arbitrations' in spotlight as status, validity, and enforceability of such proceedings / mechanisms in India is being questioned. Summarily - Amazon India sought emergency award against Future Retail from concluding its deal with Reliance Retail, before an Emergency Arbitrator appointed in terms of Schedule I of the Rules of Arbitration of the Singapore International Arbitration Centre. Amazon India was able to secure an emergency award. However, its recognition and enforcement in India is not so straightforward. Emergency Arbitration is a mechanism which "allows a disputing party to apply for urgent interim relief before an arbitration tribunal has been formally constituted"¹.