Emergency Arbitration In India

Emergency Arbitration in India

Emergency Arbitration In India

Emergency Arbitration In India Emergency Arbitration (hereinafter referred to as ‘EA’) is another Alternate Dispute Resolution (ADR) mechanism which seeks to protect the interests of the parties by the way of granting an interim relief. Though arbitration is aimed at fast tracking the process of dispute resolution and protecting the autonomy of the parties, there are various challenges encircling the proceedings, enforcement being the most pertinent. In a situation where the party urgently requires an interim measure, EA plays a pivotal role in enabling the party with such relief. The concept of EA recently came into limelight due to the tussle between Future Group and Amazon Inc. The dispute between the two behemoths primarily arose due to Future Group’s breach by transferring its retail assets to a ‘restricted person’ thereby violating the agreement. On 18.03.2021, the Delhi High Court adjudicated that "the interim relief granted in an EA was enforceable under the Indian law and further stated that no amendment in the legislative framework was necessary for upholding it." This decision comes in contrast to the precedents pertaining to EA in India. This white paper deals on an Emergency Arbitration in a holistic manner.

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