The Future Of Emergency Arbitration In India: Proposed Codification And Implementation In The Indian Scenario

Emergency Arbitration has become a rapidly growing procedure for parties to get relief in Emergency Situations from an Emergency Arbitrator, if the same is envisaged in the contractual agreement between the parties.

The concept of emergency arbitration was introduced in 1990 by the International Chamber of Commerce, which acknowledged the powerlessness of the courts/arbitral tribunals to arrive at quick orders/directions in crucial situations. Thereafter, other international institutions like SIAC, LCIA, HKIAC, etc. incorporated Emergency Arbitration given its significance. At the outset, it is to be noted that to trigger emergency arbitration, the fundamentals of a binding arbitration agreement must be met. Indeed, a party is entitled to seek emergency arbitration except if they have explicitly opted out of the clause for emergency arbitration.