Emergency Arbitration In India: From Judicial Recognition To Legislative Reform
- IJLLR Journal
- Dec 16, 2025
- 2 min read
Anay Sahni, BA LLB (Hons.), Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Arjun Pawar, BA LLB (Hons.), Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
ABSTRACT
As courts worldwide face delays in delivering justice, arbitration has become a vital alternative for efficient dispute resolution. One of its most significant innovations is Emergency Arbitration (EA), which allows parties to seek urgent interim relief before an arbitral tribunal is constituted. While institutions such as SIAC and ICC have formally recognized EA, its legal status in India remains uncertain due to the absence of statutory recognition under the Arbitration and Conciliation Act, 1996. Indian courts, especially in Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. (2022), have acknowledged EA through the principle of party autonomy and Section 17 of the Act. However, ambiguity persists regarding foreign-seated arbitrations, enforcement mechanisms, and appellate procedures. This paper examines the development of EA in India, compares international practices, and highlights the need for legislative reform. It concludes that incorporating the concept of an “Emergency Arbitrator” and clarifying enforcement provisions are essential steps for India to establish itself as a credible global arbitration hub.
While the Courts around the world buckle under the pressure of delayed justice, Arbitration stands as a credible and increasingly indispensable method of dispute resolution. The arbitral framework is structured upon principles like party autonomy, confidentiality, procedural flexibility and above all efficiency. In the recent years, the most significant development in the world of arbitration has been Emergency Arbitration (EA). EA enables parties to seek urgent interim relief before the arbitral tribunal has been formed, it’s crucial in situations where urgent relief is sought for the preservation of status quo, prevent irreparable harm or preserve the subject matter of the dispute. These orders are passed by an Emergency Arbitrator and his orders are binding, confidential and are generally not open to appeal which ensures efficacy and efficiency, while ensuring that the Arbitral Tribunal can revise the order at a future date. While EA is widely recognized by institutions like SIAC, ICC and HKIAC, the legal status of EA in India still stands in a gray area. The Arbitration and Conciliation Act (Hereby referred to as the Arbitration Act) does not give statutory recognition to the concept of EA or Emergency Arbitrator. Despite this legislative gap Indian courts through landmark cases have incorporated the concept of EA into the Indian legislation, yet the pressing requirement for statutory recognition looms large, as India aims to become an international hub for Arbitration.
