ENFORCEMENT OF EMERGENCY AWARD- INDIA TAKES A LEAP

Abstract

An application for interim relief that cannot wait for the creation of an arbitral tribunal to handle the parties' substantive dispute may be addressed through emergency arbitration (or "EA"), which is a binding arbitration conducted by an arbitrator appointed by an arbitral institution due to a lack of time or urgency about the subject matter of the dispute. Arbitral procedures, whether local or international, are handled by an arbitral tribunal following the parties' agreement. According to well-established legal principles, a court or arbitral tribunal may only give interim relief in furtherance of ultimate comfort. To get interim relief, the party requesting it must demonstrate to the arbitral tribunal that its claim against the opposing party has a substantial basis. That failure to obtain temporary relief will result in grave and irreparable harm. An EA allows a party to get urgent interim relief for a set time. The emergency arbitrator(s) perform similar, if not identical, tasks as an ad hoc tribunal, which is likewise formed for a specific reason and is quickly dissolved once that purpose is completed or the time window in which such matters must be resolved expires.