The Enforceability Of Emergency Arbitrator Orders Under The New York Convention
- IJLLR Journal
- Sep 26
- 1 min read
Nachiketh R Reddy, B.A.LLB (Hons.), LLM, Advocate, High Court of Karnataka, Bengaluru
ABSTRACT
Emergency arbitrator (EA) procedures have emerged to provide swift interim relief before a full tribunal is constituted. However, under the 1958 New York Convention, the enforceability of such relief remains unsettled. This paper examines whether interim measures granted by EAs can qualify as “arbitral awards” enforceable under the Convention. It analyzes the divergent approaches of various jurisdictions. Some countries, like Singapore and India, have adopted pro-arbitration stances, explicitly recognizing EA orders under their arbitration laws. By contrast, courts in the United States and the United Kingdom have historically been more cautious, often emphasizing a requirement that only final awards are enforceable. The paper also highlights how leading arbitral institutions (such as the ICC, SIAC, and LCIA) have begun to standardize their EA rules.
Finally, it considers the implications for party autonomy and efficiency and concludes that a harmonized approach is needed. A formal amendment of the Convention seems unlikely. Instead, guidance from bodies like UNCITRAL or coordinated national reforms may bridge the current enforcement gap.
