Title: The Emergence of Emergency Arbitrations in India
Author(s): Shreya Singh (View Profiles)
Journal: Indian Review of International Arbitration
Source: www.iriarb.com
Abstract:
Is India friendly with the ‘new kid on the block’, i.e., the concept of emergency arbitration?
India had been playing hide and seek with this new kid, as was evident from several decisions
of Indian courts and the Indian legislature’s approach in the amendment of the Indian
Arbitration & Conciliation Act, 1996 [“Act”] in 2015 ["2015 Amendment"]. However, the
Supreme Court has attempted to clarify India’s stance towards Indian seated emergency
arbitrations by its recent decision of Amazon COM NV Investment Holdings LLC [“Amazon”]
v. Future Coupons Private Ltd.& Ors. [“Amazon v. Future”]. With respect to foreign seated
emergency awards, the position of the Indian courts is still unclear, though, they have generally
been apprehensive in upholding the validity of such emergency awards and have usually
instead passed interim orders section 9 of the Act. This article discusses India’s approach
towards Indian seated as well as foreign seated emergency arbitrations and provides
suggestions with the hope that emergency awards will be received more favourably in India as
they could be beneficial to all the stakeholders involved. Enforcing emergency arbitration
decisions will retain the parties’ autonomy to seek any measure by arbitration, as urgent or
interim as they may be; reduce litigation arising out of arbitrations in Indian courts which are
already overburdened; and will also align with India’s pro-arbitration reforms.
Cite this as: Shreya Singh, The Emergence of Emergency Arbitrations in India, 2 IRIArb (2022).
Keywords: Emergency Arbitration, Foreign Seated Emergency Arbitrations, Indian Seated Emergency Arbitrations, Efficiency of Arbitral Institutions
