Title: The Emergence of Emergency Arbitrations in India
Author(s): Shreya Singh (View Profiles)
Journal: Indian Review of International Arbitration
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.