Interim measures are often required at early stages in an arbitration to protect the parties’ respective positions for the duration of the arbitration proceedings, including by way of orders to preserve evidence, prevent dissipation of assets and secure the amount in dispute (including costs of the arbitration). Emergency arbitration offers a disputing party an avenue to obtain urgent interim relief from an arbitrator appointed exclusively for the purpose, on an expedited basis before the arbitral tribunal is constituted and without having to resort to court proceedings for interim relief. We discuss the efficacy of, and challenges in relation to, decisions of an emergency arbitrator in disputes involving Indian parties or where any relief granted is required to be enforced in India.

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