Need Of The Hour - Statutory Recognition To Emergency Awards Passed In Foreign Seated Arbitrations

Introduction

1. Section 9 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") enables the parties to an arbitration agreement to approach the court for seeking interim reliefs, either before or during the arbitration proceedings, or at any time after passing of the award but before the same is enforced. Prior to the Arbitration and Conciliation (Amendment) Act, 2015 ("2015 Amendment"), the applicability of Section 9 was restricted to India seated arbitrations, however, post 2015 Amendment, the applicability of Section 9 is extended to arbitrations seated outside The parties to such foreign seated arbitrations are now permitted to approach Indian courts for seeking interim relief(s) provided there is no agreement (either express or implied) to the contrary .