Emergency Arbitration: An Indian Perspective

Abstract

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