Recognising Emergency Arbitrations In India: The Need Of The Hour?

Introduction

Emergency arbitrations are conducted in pursuance of an agreement between the disputants, often on short notice due to the scarcity of time and urgency of the relief sought. Parties prefer invoking provisions for emergency arbitration for seeking interim reliefs, which would prevent the frustration of the subject matter of the dispute. Emergency arbitration has gained prominence in the context of the Indian arbitral regime as the Amazon-Future group dispute made it to the headlines. The present article briefly discusses the important aspects of emergency arbitrations and their current status in India.

What is "emergency arbitration"?

The practice of emergency arbitrations was introduced by rules and legal provisions introduced by multiple arbitral institutions over the past decade and a half. Emergency arbitrations include brief and rapid hearings conducted by arbitral institutions for hearing matters which mandate an urgent interim relief.