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Recognition And Enforcement Of Emergency Arbitration: India, US And Singapore




Shobhit Agrawal, Jindal Global Law School, O.P. Jindal Global University, Sonipat

ABSTRACT

In the context of a well-structured international arbitration, an emergency remedy is frequently referred to as a "Achille's Heel." Emergency Arbitration (EA) is a revolutionary idea in the world of arbitration that is suited for individuals who wish to preserve their assets and evidence from being amended or lost in the normal course of business. Typically, such arbitration is agreed upon and created by the parties without the necessity for a Tribunal to initially be convened. An arbitrator conducts domestic or international arbitration processes in line with the parties' agreement or cooperation. In contractual interactions involving Business to Business trade transactions, disputes may arise over the transaction's subject matter, which may include any kind of items. Disputes involving the items as the subject of the disagreement might result in the commodities being damaged or destroyed. In rare cases, one of the disputing parties may also erase evidence of the conflict in exchange for the other party's loss. The problem of destruction becomes more critical in arbitration disputes, since the process of destruction might occur even prior to the creation of the panel. To avert the destruction of the commodities in any situation, an emergency arbitration to protect them becomes necessary. The purpose of this study is to examine the idea and implementation of emergency arbitration, as well as the feasibility of implementing it in India, United States, and Singapore.

Keywords: Emergency Arbitrators, interim relief, Recognition, UNCITRAL Model Law, arbitral institutions.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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