INTRODUCTION
Emergency arbitration is being increasingly recognised and
adopted by several jurisdictions and institutional arbitration
centres around the globe.
The Law Commission of India's 246th Report (2014) pertaining
to the amendments in the Arbitration and Conciliation Act, 1996
(hereinafter referred to as the Act), proposed an amendment to the
wordings of Section 2(d) of the Act. This amendment was proposed to
ensure that institutional rules such as the SIAC Arbitration Rules,
or the ICC Arbitration Rules or any other Institutional Arbitration
Rule's which provide for an appointment of an emergency
arbitrator are given statutory recognition in India.
Emergency arbitration has recently been in controversy in India
due to the dispute between Amazon and Future Group before the Delhi
High Court and the Supreme Court of India, The Hon'ble Supreme
Court of India scrutinized the powers of an Emergency Arbitrator
and the award passed by the Emergency Arbitrator.
