Emergency Arbitrator in International Arbitration and Indian Law

 By: Ravi Shankar
International Arbitration has become the most effective dispute resolution because of various reasons including Global enforceability, Decision by domain experts, less time consuming and less cost. But among the above said reasons the main reason is the enforceability of international arbitral awards in about 100 countries without any problem. This kind of an enforceability has become possible because of the New York Convention on Recognition & Enforcement of Foreign Arbitration awards since it ratified about 140 countries all over the world, assuring enforcement of foreign arbitral awards.

Emergency Arbitrator: One of the issues faced by parties is the interim protection. Because there will be a gap between request for appointment of arbitrator and the formation of tribunal. Arbitrators can pass any award, only after the formation of the tribunal. But the parties may have an emergency before formation of the arbitral tribunal and he will be left with an option to approach the Court in the seat of arbitration. But the court interim order cannot be enforced like an arbitration award because New York Convention supports only arbitral awards. Hence Emergency arbitrator is appointed in international arbitration proceedings by arbitral institutions to handle emergencies. An Emergency arbitrator is appointed by the Arbitral Institution within 24 hours on receipt of the application and orders are passed within 2 or 3 days.

Indian Legal status of an Emergency Arbitrator: Indian Arbitration & Conciliation Act,1996 which is the arbitral legislation of the country does not provide any specific provision recognising or derecognising the emergency arbitrator. Even though the Law Commission of India recommended for the same the 2015 Arbitration & Conciliation (Amendment) Act, did not include it. Hence there is a question with regard to issuance of an emergency arbitral award in an international arbitration seated in India and the enforceability of an emergency arbitrator award in India against Indian Parties.

International Arbitrations seated in India are administered by both Indian and International arbitral institutions like ICC, SIAC, LCIA etc., Since their Rules provide for Emergency arbitrators, parties may file applications seeking interim awards. As long as those emergency arbitral awards are against the foreign parties and the countries of those parties recognise the emergency arbitrator award, it will not be a problem since India is a signatory of New York Convention.

But When it comes to enforcement in India, a doubt is raised by the lawyers providing arbitration services in India, Whether Emergency Arbitrator award is an enforceable award since arbitrator was not appointed as per terms of the arbitration clause. But the amended Arbitration Act recognises enforcement of interim awards and the parties have agreed to the authority of emergency arbitrator by adopting the Arbitral Institution Rules. Hence Emergency arbitrator award is enforceable in India as per the Amended Act.
loading...
Author:
Artice Source: http://www.articlesphere.com

Related Articles in Legal


People interested in the above article are also interested in the related articles listed below:

The Board of Control for Cricket in India (BCCI) lost two arbitration proceedings filed by M/S Rendezvous Sports World (RSW) and Kochi Cricket Pvt. Ltd (KCPL) and awards dated 22.06.2015 were pronounced. On 16th September 2015, BCCI challenged both the above said arbitration awards by filing applications under Section 34 of the act.
All sort of business will necessitate a business law advice at one end or other. From the merchant relationships in order to authoritarian compliances, tax & payroll problem, employment matters, a day to day function of your business provides a myriad of challenges.
If you believe you have a case for Wrongful Owner Move In Eviction, what can you do? An introduction to a lawsuit for wrongful or fraudulent owner move in (OMI) eviction in San Francisco under San Francisco Rent Ordinance sec. 37.9(a)(8).

More in Legal

Excellent, Larry. Thank you for taking the new article directory technology and making it work to the max. I encourage everyone to keep contributing and contributing regularly. I can attest to the fact that this site is already a strong directory in a field of many. Kudos to Larry!

Matthew C. Keegan
The Article Writer

 

I find it a delight to use both as an author and a publisher. It is full of nice little surprises that make the whole process of writing, reading and publishing articles a complete delight. This is one that comes out tops and beats the rest hands down.

Eric Garner
Managing Director
ManageTrainLearn

 

I did a Google search and came across your site. It was exactly what I was looking for and was elated to find such a broad range of articles. As I am launching a free magazine in a small town in Florida, I wanted to be as resourceful as possible while still being able to provide some content that is interesting and well written. Your site has all the variables in the mix. Excellent Site hitting all the notes in the scale sort of speak.

Mo Montana
Florida, USA

Article Topics

 
Copyright © 2005 - by Larry Lim, Singapore - Article Search Engine Directory at ArticleSphere.com™
All Rights Reserved Worldwide. All Trademarks and Servicemarks are the property of the respective owners.
ArabicBulgarianCatalanChinese (Simplified)Chinese (Traditional)CzechDanishDutchEnglishEstonianFinnishFrenchGermanGreekHaitian CreoleHebrewHindiHungarianIndonesianItalianJapaneseKoreanLatvianLithuanianNorwegianPersianPolishPortugueseRomanianRussianSlovakSlovenianSpanishSwedishThaiTurkishUkranianVietnamese