In the early 2000s, arbitral institutions began to introduce rules allowing for the appointment of an emergency arbitrator – a sole arbitrator appointed on an expedited basis to deal with claims for interim relief that cannot wait until the tribunal is constituted. While an arbitral tribunal can generally grant interim relief, it can take weeks, or even months, to constitute an arbitral tribunal. Without the option to appoint an emergency arbitrator, parties were forced to either […]

The hallmarks of Arbitration and Conciliation Act, 1996 (“Arbitration Act”) are – (i) party autonomy; (ii) minimum judicial intervention; and (iii) expeditious disposal of cases.

It is of relevance that arbitration is an alternate (dispute resolution mechanism) to litigation. Accordingly, it aims at providing an expeditious remedy to the parties who enter into an arbitration agreement, which otherwise would take substantial time before civil courts. On this premise, the amendment to the Arbitration Act in […]