Emergency Arbitrations are Per Se Not Contrary to Public Policy or Arbitration Act

In Future Retail Limited v. Amazon.com NV Investment Holdings LLC,[1] the Delhi High inter alia held that an interim award issued by an emergency arbitrator (restraining the Future Group from going forward with the deal with Reliance Retail) was prima facie not coram non judice. It further held that the order passed by an emergency arbitrator under the Arbitration Rules of Singapore International Arbitration Centre, 2016 cannot be said to be contrary to the Act as the Act does not prohibit parties from obtaining emergency relief before an emergency arbitrator.

 

[1] 2020 SCC OnLine Del 1636

Published In:Inter Alia - Quarterly Edition - December 2020 [ English Chinese
Date: December 31, 2020