Emergency Arbitration: An Indian Perspective

Deepak Acharya , Group General Counsel, Aditya Birle Management
Ajay Bhargava, Partner, Khaitan & Co.

Premised on the cornerstone of party-autonomy and flexible dispute resolution, international arbitration has continued to evolve with changing times to ensure that it continues to build upon these cornerstones. In recent times, one such addition has been the recognition of emergency arbitration- a respite that acknowledged the lacunae in the face of an international arbitration regime that didn’t provide for any mechanism where parties could seek provisional relief before the main arbitral tribunal was constituted. A procedure of appointing an emergency arbitrator prior to the formation of the actual arbitral tribunal, emergency arbitration is a mechanism provided by rules of institutions providing arbitration services. Parties that by virtue of contracting into an arbitration agreement preferred speedy dispute resolution now saw a light at the end of the tunnel when it came to seeking immediate reliefs, within a matter of days, in such emergency circumstances without having to engage in transnational litigation which risks the possibility of unfavourable local procedural rules and loss of confidentiality, expediency and flexibility

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India Arbitration General April 2023 Vol.16, No. 63, Spring 2023

Deepak Acharya

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Ajay Bhargava

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Ajay Bhargava is a Partner in the Dispute Resolution Group in Khaitan & Co. He specializes in Civil, Criminal & Corporate Litigation with 25 years of experience. Ajay’s fora of practice includes Supreme Court, High Courts, Arbitration (International and Domestic), Quasi Judicial Tribunals (National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT) and National Green Tribunal etc.). He advises on Constitutional matters, Civil & Criminal matters, IPR laws, Employment Laws and on corporate – commercial disputes. He also advises on matters before the Police Investigation Wings relating to corporate criminal investigations and quasi criminal prosecutions (white collar crimes). Ajay is often consulted on M&A transactions to provide tactical and advisory support. He advises on preventive measures in commercial contracts.

Khaitan & Co.

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A leading full-service law firm in India with over 600+ professionals with diverse skills and experience of intricate, high-profile and path breaking engagements. Team of highly motivated partners, lawyers and professionals delivering exception client service and expert legal advice across a wide gamut of sectors and industries. The Firm’s vision is to be one of the most progressive and innovative global law firms. Over a century of experience in providing cutting-edge advisory services across all disciplines giving timely and commercially viable solutions to complex business and legal issues. The Firm provides an integrated and solution-oriented approach for every transaction and advice sought. Partner-led transactions to give clients the comfort and confidence they seek.

Aditya Birle Management

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India Arbitration General April 2023 Vol.16, No. 63, Spring 2023