Emergency Arbitration And Artificial Intelligence: Re-Assessing Procedural Fairness And Due Process In Institutional Arbitration
- IJLLR Journal
- Feb 21
- 1 min read
Shilpi Sharma, Advocate, Desai & Diwanji
PARTA
I. Introduction
In recent years, emergency arbitration has become a major procedural innovation in the field of international business arbitration. This may help parties avoid going to domestic courts by allowing them to obtain interim relief quickly before the arbitral panel is formed. Over the last decade, the incorporation of emergency arbitrator provisions into the rules of leading arbitral institutions has reflected a broader institutional shift towards efficiency, flexibility, and party autonomy. Emergency arbitration has consequently evolved from an experimental mechanism into an established feature of institutional arbitration.
The fundamental rationale for emergency arbitration is its capacity to maintain arbitration's efficacy as a method of conflict resolution. Postponement could render final remedy useless in business disputes involving sensitive information, intellectual property, assets with a near-term expiration date, or impending violations of contracts. If a party needs time-sensitive protection but still wants the arbitral process to remain impartial and secret, they may seek it via emergency arbitration. This is especially helpful in international conflicts where court involvement might be inconvenient, unexpected, or both.
Parallel to this procedural evolution, arbitration practice has witnessed a steady increase in the use of artificial intelligence–based tools. Artificial intelligence is now routinely employed for document review, legal research, translation, case management, and procedural scheduling. These tools are designed to assist in processing large volumes of data efficiently and in identifying relevant legal and factual issues within limited timeframes. In arbitration, artificial intelligence has primarily been deployed as an assistive mechanism rather than as a substitute for human decision-making.
