EMERGENCY ARBITRATIONS IN INDIA: VIABILITY AND ENFORCEABILITY
-Niti Dixit, Raunaq Bahadur, Zahra Aziz
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Interim measures are often required at early stages in an arbitration to protect the parties’ respective positions for the duration of the arbitration proceedings, including by way of orders to preserve evidence, prevent dissipation of assets and secure the amount in dispute (including costs of the arbitration). Emergency arbitration has gained popularity in the past decade, as it offers a disputing party an avenue to obtain urgent interim relief from an arbitrator appointed exclusively for the purpose, on an expedited basis before the arbitral tribunal is constituted and without having to resort to court proceedings for interim relief. This article discusses the efficacy of relief granted in an emergency arbitration in disputes involving Indian parties or where such relief is required to be enforced in India