A Critical Analysis Of The Role Of Emergency Arbitrators In Preserving The Status Quo In India
- IJLLR Journal
- Jul 5
- 1 min read
Swathi G, B.A. LL.B. (Hons.), School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai.
ABSTRACT
This article explores the role of emergency arbitrators in preserving the status quo in India. Emergency arbitration provides urgent interim relief before the constitution of an arbitral tribunal, ensuring that no irreversible harm occurs to the disputing parties and that the arbitration process remains effective. While emergency arbitration is widely recognised in jurisdictions like Singapore, Hong Kong, United States and the United Kingdom, India lacks explicit statutory recognition for emergency arbitrators in the Arbitration and Conciliation Act, 1996. The 2015 Amendment to the Act widened the meaning of “Arbitrator” to implicitly include emergency arbitrators, but the enforceability of their awards remains uncertain.
Through landmark cases such as Amazon.com NV Investment Holdings LLC v. Future Retail Ltd., Indian courts have provided some clarity, but challenges to the legal status and enforceability of emergency arbitration awards persist. The article examines the legal framework in India, analyzes key judicial precedents, and compares India’s approach with more established arbitration-friendly jurisdictions.
This article highlights the importance of statutory recognition and enforcement mechanisms for emergency arbitration to make it more effective in India. It recommends legislative amendments to formally recognize emergency arbitration, along with institutional reforms to align Indian arbitration practices with global practices. Strengthening arbitration institutions, streamlining procedures, and ensuring judicial cooperation are essential steps for positioning India as a leading international arbitration hub while improving investor confidence and reducing reliance on courts for interim relief.
Keywords: Emergency Arbitration, status quo, interim relief, Arbitration and Conciliation Act, 1996.
