Emergency Arbitration Procedures In International Arbitration: Assessing The Use And Efficiency Of Emergency Arbitration Mechanisms

Full Text Link

Advait Talatule, Maharashtra National Law University, Nagpur

ABSTRACT

Emergency Arbitration Procedures (EAPs) have become an important feature of international commercial arbitration, offering parties swift interim relief in urgent situations before the constitution of the arbitral tribunal. In the context of fast-paced global commerce, traditional court remedies are often inadequate due to delays and jurisdictional complexities. This paper examines the evolution, legal framework, and procedural operation of emergency arbitration mechanisms as developed by major arbitral institutions such as the ICC, SIAC, SCC, ICDR, and LCIA.

Using a doctrinal and comparative approach supported by case studies, the study evaluates the use and efficiency of emergency arbitration with reference to procedural timelines, costs, enforcement, and compliance. It critically analyses key challenges, including due process concerns and the enforceability of emergency awards across jurisdictions, and proposes policy recommendations such as greater standardisation, enhanced transparency, and legislative recognition. The paper concludes that while emergency arbitration is an effective tool for addressing urgent disputes, its success depends on harmonised frameworks and stronger enforcement mechanisms.

Keywords: Emergency Arbitration, International Commercial Arbitration, Interim Relief, Emergency Arbitrator, Enforceability of Arbitral Awards, Arbitral Institutions, Procedural Efficiency, Due Process

EMERGENCY ARBITRATION PROCEDURES IN INTERNATIONAL ARBITRATION- ASSESSING THE USE AND EFFIC.

Download • 282KB