Author(s): Prashant Krishan and Dr. Pritam Singh Panwar

Abstract: Interim relief plays a critical role in arbitration, safeguarding the interests of the parties and ensuring the effectiveness of arbitral decisions. However, the interventionist approach of the judiciary under Section 9 of the Arbitration and Conciliation Act, 1996, has compromised the efficacy of such relief. To address this challenge, arbitration institutions have introduced the Emergency Arbitration process, which allows parties to seek interim relief from an emergency arbitrator before the constitution of the arbitral tribunal. Despite its advantages, the enforceability of decisions made by emergency arbitrators remains a significant issue, particularly since these decisions are not automatically enforceable under Indian law. This study examines the constitutional authority of emergency arbitrators, the legitimacy of their decisions, and the implications of amendments introduced by the 246th Law. It explores the role of emergency arbitration in providing swift relief and its evolving practice, especially in the context of India, where foreign arbitration institutions like SIAC are commonly used, and Indian institutions like MCIA, ICA, and ICADR have incorporated emergency arbitration clauses into their rules.

Pages: 92-97 | Views: 107 | Downloads: 66

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