Emergency Arbitration And Its Applicability In India

Introduction

Emergency Arbitration, a relatively newer and developing concept in Arbitration laws of our country, as a prominent apparatus for parties in disputes to secure reliefs. It allows a disputing party to seek relief before the constitution of a formal arbitration tribunal. However, the Arbitration and Conciliation Act, 1996 does not enshrine any provisions of Emergency Arbitration. Traditionally, parties in dispute, seeking urgent measures to protect their rights had to rely on state courts or wait until an arbitral tribunal was fully established, which often caused major delays and risk of irreparable harm. Emergency arbitration has emerged as a mechanism to fill this lacuna, enabling parties to obtain prompt and effective interim relief through an emergency arbitrator appointed expeditiously.