Status Of Emergency Arbitration In India: From The Perspective Of Domestic Arbitrations

As we are aware that per Section 2(d) of the Arbitration and Conciliation Act 1996 (hereinafter referred to as the 'Act') an "Arbitral tribunal" means a sole arbitrator or a panel of arbitrators. However, in the case of an arbitration is conducted under the rules of an institution providing for appointment of an emergency arbitrator, includes such emergency arbitrator.

In 2001, Government of India made a reference to the Law Commission to undertake a comprehensive review of the Act, in view of various shortcomings observed in the working of the Act.

Emergency Arbitration is rather a new development in the field of Arbitration, the Law Commission of India in its 246th Report had recommended its incorporation in the 2015 amendment of the Act. It was expected that the Arbitration and Conciliation (Amendment) Act, 2015[3] would embrace this global turn of tide and create provisions for appointment of Emergency Arbitrator. The Amendment of 2015, however, failed to