Enforcement Of Emergency Arbitration: The Indian Perspective

This article discusses the concept of emergency arbitration and its recognition and enforcement in India particularly in light of the Supreme Court judgment in Amazon.com NV Investment Holdings LLC v. Future Retail Limited & Ors which amongst others recognised the construct of emergency arbitration under the Arbitration & Conciliation Act,1996.

For several years, international arbitration was ill-equipped to grant urgent interim reliefs. Parties were, therefore, compelled to approach the very national courts they had chosen to avoid.¹ To address this, emergency arbitration was developed as a "pre-arbitration arbitration", enabling parties to seek urgent interim reliefs before the main arbitral tribunal was constituted.