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ARTICLE · 01 SEPTEMBER 2020

View Of Indian Courts Towards Implementing The Interim Orders Of Emergency Arbitrators

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The aspect of Emergency Arbitration has become vital in the past few years, especially in the light of the fact that in a dispute, a delayed relief may leave the aggrieved party high and dry and in...

IndiaLitigation, Mediation & Arbitration

INTRODUCTION

The aspect of Emergency Arbitration has become vital in the past few years, especially in the light of the fact that in a dispute, a delayed relief may leave the aggrieved party high and dry and in an irreparable situation. This is especially important in the case of arbitration where procedures are determined by the parties to the dispute.

The need for emergency arbitration arises when a party is constrained to seek interim relief before the arbitral tribunal has been constituted. Therefore, the objective of an emergency arbitration is to provide urgent pro tem or conservatory relief measures to a party or parties that cannot await the formation of an arbitral tribunal. The efficacy of an Emergency Arbitration, invoked by a party, depends on the following two principles:

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