Emergency Arbitration In India: A Critical Appraisal Of The Institutional Framework

Emergency Arbitration In India: A Critical Appraisal Of The Institutional Framework

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Volume 14 Issue 4 ()

Over the years, the Indian government, as well as the courts, have consistently furthered a pro-arbitration approach in order to establish an efficient dispute resolution mechanism that can improve contract enforcement and the ease of doing business. Emergency arbitration is considered to be one such process that can assist in establishing an effective resolution mechanism. This paper attempts to focus on and understand the modalities of prominent domestic institutional rules which govern the emergency arbitration proceedings. It provides a comparative critique of the domestic rules as against their international counterparts through the identification of certain key features present in the latter. Thereafter, the paper recommends numerous amendments for the domestic institutional framework that can assist in formulating a robust emergency arbitration procedure in India. In conducting this analysis, the paper also analyses the concerns surrounding the recognition and enforcement of emergency arbitration orders, which arguably constitute the backbone of an efficient emergency mechanism. 

Cite as: Abhinav Gupta & Sriroopa Neogi, Emergency Arbitration In India: A Critical Appraisal Of The Institutional Framework, 14 NUJS L. Rev. 640 (2021)