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ARTICLE · 25 NOVEMBER 2016

Emergency Arbitration In India: Concept And Beginning

In the gamut of a sound and systematized International Arbitration, an emergency relief is often described as an "Achille's Heel".

IndiaLitigation, Mediation & Arbitration

I. INTRODUCTION

In the gamut of a sound and systematized International Arbitration, an emergency relief is often described as an "Achille's Heel"1. Emergency Arbitration (EA) in the guise of an emergency relief is an upcoming concept in the field of arbitration suitable for those who want to protect their assets and evidence that might otherwise be altered or lost. Such arbitration is usually agreed to and arranged by the parties themselves without recourse to a Tribunal at the first instance. The proceedings either domestic or international are conducted by an Arbitrator as per the agreement between the parties or with the concurrence of the parties.

II. AIM & ROLE

The objective of EA is to provide urgent pro tem or conservatory measures to a party or parties that cannot await the formation of an Arbitral Tribunal. The efficacy of an Emergency Arbitration, invoked by a party, survives on a chariot of two wheels:

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