Lawstreet Journal

Recognition of emergency arbitration in India – Analysing the Future Ltd. v Amazon. com judgement

Lawstreet Journal 8 Jul 2021 11:00pm

Image courtesy: Lawstreet Journal Business Recognition of emergency arbitration in India – Analysing the Future Ltd. v Amazon. com judgement

ABSTRACT

The article discusses the ambiguity in the enforceability of foreign seated emergency arbitral awards. It also talks about the global scenario and acceptability of emergency arbitration. Lastly, it analyses the Future Ltd. vs. Amazon.com judgement in thorough detail.

WHAT IS EMERGENCY ARBITRATION? 

The judgement of Delhi High court in the case of Future group Ltd. v. Amazon NV bought the question of enforceability of arbitration awards given by emergency awards to the forefront again. Emergency arbitration is a form of urgent relief granted to a party or parties to protect their assets and evidence from being lost. The award is only an interim relief granted for a stipulated period of time. The purpose of emergency arbitration needs to be considered when discussing its validity. If the award granted by emergency arbitrator is not granted and acted upon in a timely manner then the purpose isn’t fulfilled and act becomes redundant. 

This relief is generally used when parties cannot wait for the formation of the arbitral tribunal. It works like an ad hoc tribunal that is set up for a specific purpose and would be diluted post the relief being granted. The purpose of emergency arbitration is when an arbitral tribunal isn’t present and waiting for the formation of an arbitral tribunal would lead to loss of time and assets for one or both the parties. There are two kinds of emergency awards, one is emergency award passed in foreign seated arbitration and the other set in India. There are… Continue Reading...


Tagged: Amazon   future ltd  
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