In cross-border commercial transactions and joint ventures, urgent interim relief may be required before the formal constitution of a three-member arbitral tribunal. Under institutional rules, including those of the Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC), and Mumbai Centre for International Arbitration (MCIA), parties may request the appointment of an Emergency Arbitrator within days to secure assets.
In the landmark decision of Amazon.com NV Investment Holdings LLC v. Future Retail Ltd, the Supreme Court of India affirmed that an order issued by an Emergency Arbitrator in an India-seated arbitration qualifies as an order of the arbitral tribunal under Section 17(1) and is directly enforceable under Section 17(2) of the Arbitration and Conciliation Act, 1996. When commercial entities draft arbitration agreements in alternative dispute resolution (ADR), selecting institutional arbitration rules provides essential pre-tribunal interim relief mechanisms. Engaging experienced arbitration counsel ensures that emergency petitions are promptly prepared, while advocates in Chennai or high court practitioners coordinate domestic enforcement and address appellate challenges under Section 37.
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