EMERGENCY ARBITRATION IN INDIA: ENFORCEABILITY AND CHALLENGES

Emergency arbitration has arisen as a crucial mechanism in international and domestic dispute resolution, providing parties with urgent interim relief before the constitution of the main arbitral tribunal. In India, the Enforcement of emergency arbitration awards remains subject to debate due to the absence of explicit statutory recognition under the Arbitration and Conciliation Act, 1996. This paper explores the legal landscape of emergency arbitration in India, examining judicial precedents, legislative frameworks, and comparative analysis with jurisdictions that have embraced emergency arbitration mechanisms. The study highlights the challenges associated with enforcing emergency awards, including judicial intervention, party autonomy, and legislative ambiguity. By analyzing case laws and regulatory developments, this paper underscores the need for comprehensive legal reforms to ensure the effective enforceability of the emergency arbitration awards in India, thereby strengthening India's place as a pro-arbitration jurisdiction.