Title Image

litigation

Exploring the turf of Emergency Arbitration

We are super excited to release the full video from our panel discussion – Exploring the Turf of Emergency Arbitration powered by Phoenix Legal.

Watch well-known experts in the area of arbitration Vasanth Rajasekaran, Partner, Phoenix Legal, Devaiah P M, Group General Counsel, Adani Group and Julie Raneda, International Arbitration Group, Schellenberg Wittmer, decode and simplify all you need to know about emergency arbitration.

Emergency Arbitration is preferred in cases where parties cannot wait for the formation of an Arbitral Tribunal as it would cost irreparable loss to them.

Our panellists are not only widely experienced but also come from different jurisdictions and backgrounds which has enabled them to give us an all-rounded understanding.

They cover some highly important aspects such as:

-How emergency arbitration differs from interim reliefs sought under the Arbitration Act

-The doctrine of party autonomy and Emergency provisions of the SIAC

-Lessons learnt from SIAC and

-How arbitrators decide upon the emergency nature of these reliefs Despite having covered a lot in terms of subject matter,

it’s all done in the most concise way possible! #Watchnow

Introduction

Emergency Arbitrations (EA) are conducted in pursuance of an agreement between the disputants, often on short notice due to the scarcity of time and urgency of the relief sought. Under most of the rules, the Emergency Arbitration, upon passing the interim award, becomes functus officio.

Parties prefer invoking provisions for Emergency Arbitration for seeking interim reliefs, which would prevent the frustration of the subject matter of the dispute. However, the emergency arbitration has successfully widened its wings due to the people involved in disputes lately. They are never in favor of running for litigation costs and the wastage of their valuable time.

The objective of Emergency Arbitration

The main objectives are –

– To provide urgent pro tem to a party or parties that cannot await the formation of an Arbitral Tribunal.

The efficacy of an Emergency Arbitration, invoked by a party, survives on a chariot of two wheels:

· Fumus boni iuris- Reasonable possibility that the requesting party will succeed on merits;

· Periculum in mora – if measure is not accessible, the loss will not be reimbursable.

More About Emergency Arbitration

Emergency Arbitration contains speedy reliefs that are never opposed by anyone so far involved in the disputes as arbitration. Moreover, Tribunals are highly preferrable over the litigation forums because, there is the massive scope of leakage of confidential information that is likely to cause damage to the reputation of the clients.

Jurisdictions such as Singapore, Hong Kong, New Zealand, and Switzerland have accorded statutory recognition to-

– Ensure a harmonious adaptation of international arbitral practices into their domestic regimes.

While the United Kingdom and the United States have not enacted specific legal provisions in this regard. Several judicial rulings have recognized and allowed enforcement of emergency awards and orders.

The Controversy

There has been a lot of noise lately regarding the disputes related to emergency arbitration, Amazon, Future Group and Reliance, wherein Amazon managed to obtain an interim order from an Emergency Arbitrator under the SIAC Rules, restraining the Future Group entities from proceeding with the INR 24,700 Crore deal to monetize the retail business.

However, questions were not raiseable about whether such an interim order passed by an emergency arbitrator could be enforced in India.

This is evident from the definition of foreign award under Section 44 of the Act, which mentions arbitral awards and not interim awards.

Moreover, as outlined in Section 48 of the Arbitration Act, the enforcement of a foreign award is not enforceable.

-if the opposite party proves that the award has not become binding.

Conclusion

The problems shadowing the emergency arbitration about the threshold tests is true and evident.

However, Applying Section 44 along with Section 48 in the Future-Amazon dispute, it is inferable that there are reasonable doubts upon the enforceability of the emergency award permittable by SIAC under the Part II of the Arbitration Act.

Apart from the mentioned queries, we may also need answers-

if the full potential of EA is realizable by amending the existing Arbitration laws in India?

Visit our Website to Explore more – https://lawwiser.com/

To feature yourself, connect us on [email protected]

0

Powers of the Court Under Section 11(6A) of Arbitration Act – Judicial or Administrative? – In A Minute, Zoeb Cutlerywala

Watch this In a minute video where Zoeb Cutlerywala, Counsel, Phoenix Legal, explains the Powers of the Court under Section 11(6A) of the Arbitration and Conciliation Act- Judicial or Administrative.

In this video he highlights how there have been divergent views on Section 11 and takes us through the observations of the courts on this issue in some key cases.

To get featured in more such conversations, write us on [email protected]

0

Change in Venue is a Change in Seat of Arbitration – In A Minute

A well-drafted and structured arbitration clause are important to avoid any confusion especially with aspects relating to venue and seat of the arbitration under the Arbitration Act.

Recently the Supreme Court has clarified that where parties change the venue of arbitration by mutual agreement it will also become the seat of arbitration

Watch #InAMinute video, where Vasanth Rajasekaran, Partner, Phoenix Legal, shares highlights on the issue “change in venue is a change in the seat of arbitration” as held in the case of Inox Renewables Ltd vs Jayesh Electricals Ltd. And how parties must assess the effect of any change in the venue of the arbitration.

To get featured in more such conversations, write us on [email protected]

0

The Emergence of Commercial Justice Through Arbitration

Watch our second video on the recently launched Book titled “The Emergence of Commercial Justice: Insolvency And Arbitration” by Vivek Sood, Senior Advocate. The book explores and analyses game-changing judgments delivered by the Supreme Court in establishing the concept of Commercial Justice. Our Guest speakers include the author of the Book Vivek Sood, Senior Advocate, along with Tejas Karia, Partner, Head of Arbitration, Shardul Amarchand Mangaldas and Mayank Mishra, Partner, IndusLaw.

The discussion focuses on the Emergence of Commercial Justice through Arbitration. Our speakers take us through why Arbitration is a viable mechanism for dispute resolution, independence of Arbitrator, issue of stay on arbitral awards and the changes required in the law.

To get featured in more such conversations, write us on [email protected]

0

Explainer – Indian Parties and Foreign Seat of Arbitration

The Supreme Court in its judgment in the case of PASL Wind Solutions Pvt. Ltd. v. GE Power Conversion India Pvt. Ltd., has settled the issue of Indian Parties electing Foreign Seat of Arbitration.

Watch now #Explainer by Vasanth Rajasekharan, Partner, Phoenix Legal explaining the issue of Indian Parties and Foreign Seat of Arbitration. He takes us through the various provisions of the Arbitration and Conciliation Act by focussing on the 1st and the 2nd Parts of the Act. And explains the law as regards the seat of Arbitration in India currently.

To get featured in more such conversations, write us on [email protected]

0

Foreign Arbitration Awards in India – Recognition and Enforcement

It’s National Law Day today and what better way to celebrate it than explaining complex laws in a simple, short-form video.

LawWiser brings to you one of the best-known experts in Arbitration Mr. Tejas Karia, Partner and Head, Arbitration, Shardul Amarchand Mangaldas & Co., who simplifies ‘recognition and enforcement of foreign arbitration awards in India’

To get featured in more such conversations, write us on [email protected]

0

Initiating Arbitration Proceedings : Arbitration Adapting The New Normal

Arbitration has been emerging and much needed alternative needed in India. Now we are seeing the new normal during the lockdown and we are adapting the digital means to run our court system. It is the time we adopt Online Dispute Resolution Mechanism more than the past practice in the court.

LawWiser brings you an insights from the expert Bobby Chandhoke, Senior Partner – L&L Partners.

In our Know Your Law Series.

The conversation will help you to understand about the overall Arbitration in India, Initiating Arbitration Proceedings and how it has been accepted more in the New Normal.

To get featured in more such conversations, write us on [email protected]

1

Need for Mediation in 3 minutes with Tara Ollapally

Quick take from Tara Olappally, Co-Founder and Mediator, CAMP Arbitration and Mediation Practice Pvt. Ltd. on the recent signing of the Singapore Convention on Mediation and the need for focus on Mediation as a sustainable solution for alternative dispute resolution.

To get featured in more such conversations, write us on [email protected]

Call Now ButtonCall us now!