WHETHER AN ‘EMERGENCY ARBITRATOR’ IS AN ARBITRATOR WITHIN THE MEANING OF SECTION 2(1)(D) OF THE ARBITRATION & CONCILIATION ACT? Amazon.Com NV Investment Holdings LLC v. Future Coupons Private Limited & Ors The Court held that the concept of emergency arbitrator is based upon party autonomy as the law gives complete freedom to the parties to choose an arbitrator or an arbitral institution. Further, the emergency arbitrator is an arbitrator for all purposes. The order of the emergency arbitrator is binding upon the parties but not on the subsequently constituted arbitral tribunal which has the power to reconsider, modify, terminate, or annul the order/award of the emergency arbitrator. Lastly, it was held that the order passed by the emergency arbitrator is an order under Section 17(1) and enforceable as an order of the Court under Section 17(2) of the Act. Reddy & Reddy Law Firm is renowned law firm in Pune, our litigation team is handling all the matters with Civil, Criminal & Arbitration as well.
Submit Your Enquiry