EMERGENCY ARBITRATION IN INDIA: LEGAL RECOGNITION AND PRACTICAL CHALLENGES

AUTHOR – NITI NANCY, L.L.M. STUDENT, CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

BEST CITATION – NITI NANCY,EMERGENCY ARBITRATION IN INDIA: LEGAL RECOGNITION AND PRACTICAL CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 369-375, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Emergency arbitration has become a vital practice in the modern dispute resolution process; parties are allowed to seek immediate interim redress in presence of the constitution of arbitral tribunal. The concept has become more and more relevant in India in connection with the rise of institutional arbitration and international business deals. Even though the current state of affairs with emergency arbitrators under the Arbitration and Conciliation Act, 1996 does not yet explicitly acknowledge it, there has been a gradual recognition of emergency awards as a result of judicial practice, especially since the 2015 and 2019 amendments. Cases accepted as landmark, like the Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. cases have stated that emergency arbitrator orders are enforceable in some situations. Nevertheless, there are the more practical difficulties like the feasibility questions, absence of statutory details and discrepancies in judicial understanding. This paper critically analyses the legal status of emergency arbitration in India and points out at the procedural and institutional challenges, which still hinder its successful introduction.