Emergency Arbitration in India: Draft Amendment Bill 2024 and Enforcement Challenges

Executive Summary

• Statutory Recognition: The Draft Arbitration (Amendment) Bill 2024 proposes to introduce Section 9-A to recognize emergency arbitration under Part I of the Arbitration and Conciliation Act, 1996
• Enforcement Gap: Emergency awards from foreign-seated arbitrations remain unenforceable under current law, creating a critical jurisdictional vacuum
• Amazon v. Future Retail Precedent: Delhi High Court's 2022 judgment established that emergency arbitrator orders are not directly enforceable as "awards" under Section 17 of the Act
• Global Alignment: SIAC, ICC, and LCIA rules all provide for emergency arbitrator mechanisms, but Indian courts apply restrictive interpretations
• Draft Bill 2024 Limitations: Proposed Section 9-A applies only to Part I (domestic arbitrations), leaving foreign-seated emergency arbitrations without statutory remedy

1. Introduction: The Urgency Imperative in Modern Arbitration

In high-stakes commercial disputes, time is often more valuable than the ultimate award. When Amazon.com NV Investment Holdings sought to enforce an emergency arbitrator's order restraining Future Retail Ltd. from completing its ₹24,713 crore asset sale to Reliance Industries in 2020, the Indian courts confronted a fundamental question: Can emergency arbitrator orders be enforced like interim court orders, or do they occupy a legal limbo pending constitution of the full arbitral tribunal?

The answer has profound implications for India's arbitration ecosystem. Emergency arbitration - a procedure allowing parties to obtain urgent interim relief within days of invoking arbitration - has become a cornerstone of institutional arbitration worldwide. The Singapore International Arbitration Centre (SIAC) reported that 15% of all arbitrations filed in 2024 involved emergency arbitrator applications, with average decision timelines of 14 days from constitution to award.

Yet Indian law remains ambiguous. The Arbitration and Conciliation Act, 1996 ("Act") does not expressly recognize emergency arbitrators, creating enforcement challenges that undermine India's aspiration to become a global arbitration hub.

2. Statutory Framework: Current Position and Draft Amendments

2.1 Existing Legal Architecture

Under the current Act, parties seeking interim relief have three options:

Section 17 (Interim Measures by Arbitral Tribunal):

• Sub-section (1) empowers tribunals to grant interim measures
• Sub-section (2) (inserted by 2015 Amendment) deems tribunal orders enforceable as court decrees under Order XXI of the CPC
• Critical Gap: Section 17 refers to "arbitral tribunal" - does this include a sole emergency arbitrator?

Section 9 (Interim Measures by Court):

• Available "before or during arbitral proceedings"
• 2015 Amendment added proviso: Section 9 orders cease once arbitral tribunal makes its first order under Section 17
• Limitation: Courts reluctant to grant urgent relief when institutional rules provide for emergency arbitrators

2.2 Draft Arbitration (Amendment) Bill 2024: Proposed Section 9-A

The Law Commission of India's 2024 Draft Bill seeks to introduce Section 9-A to Part I:

Text of Proposed Section 9-A:

9-A. Emergency interim relief by emergency arbitrator.—
(1) Unless otherwise agreed by the parties, a party may, in accordance with
the agreement between the parties, apply to an emergency arbitrator for
interim relief at any time prior to the constitution of the arbitral tribunal.

(2) An emergency arbitrator may grant such interim relief as may be just
and convenient.

(3) Any order made by an emergency arbitrator shall be deemed to be an
order made by the arbitral tribunal under section 17 for purposes of
enforcement.

(4) The order of the emergency arbitrator shall cease to have effect upon:
    (a) the constitution of the arbitral tribunal, unless the tribunal
    confirms, varies or revokes the order; or
    (b) termination of the arbitration proceedings.

Key Features:

1. Party Autonomy: Emergency arbitration available only if parties agree (either in arbitration clause or institutional rules)
2. Pre-Constitution Relief: Explicitly permits relief before full tribunal appointment
3. Deemed Section 17 Order: Emergency awards automatically enforceable as tribunal orders
4. Automatic Sunset: Emergency relief lapses unless confirmed by constituted tribunal within reasonable time

2.3 Critical Limitation: Part I Restriction

The Enforcement Gap:

Section 9-A is proposed for Part I only (Sections 1-43), which governs arbitrations with seat in India. Part II (Sections 44-60), dealing with foreign awards under the New York Convention, remains untouched.

Practical Impact:

Illustration:

• Scenario A: Indian company A and foreign company B agree to SIAC arbitration seated in Singapore. B obtains emergency arbitrator order restraining A from disposing assets in India.
• Current Law: A challenges enforcement in Indian courts. No statutory mechanism under Part II to recognize emergency order as "award" (Section 48) or "interim measure" (Section 9).
• Draft Bill 2024: No change - Section 9-A applies only to Part I, not foreign-seated arbitrations.

3. Amazon v. Future Retail: Landmark Precedent on Enforcement

3.1 Case Background

Future Retail Ltd. v. Amazon.com NV Investment Holdings LLC Delhi High Court, CM(M) 2/2022, Judgment dated January 4, 2022

Facts:

• Amazon held 49% indirect stake in Future Coupons Pvt. Ltd. (FCPL), which in turn held 7.3% in Future Retail Ltd. (FRL)
• Shareholders Agreement (SHA) dated August 2019 contained arbitration clause under SIAC Rules, seat Singapore
• October 2020: Future Group announced ₹24,713 crore asset sale to Reliance Industries
• Amazon invoked emergency arbitration alleging breach of SHA's non-compete and right of first refusal clauses
• Emergency Arbitrator Order (October 25, 2020): Restrained FRL from proceeding with Reliance transaction

Indian Enforcement Battle:

1. Amazon sought enforcement under Section 9 and Section 17 in Delhi High Court
2. Single Judge (May 2021): Granted interim relief enforcing EA order
3. Division Bench (January 2022): Overturned, holding EA orders not directly enforceable
4. Supreme Court (August 2022): Dismissed Future Group's challenge to arbitration continuation, but did not rule on EA enforcement

3.2 Delhi High Court's Ratio Decidendi

Justice C. Hari Shankar's judgment (CM(M) 1140/2022, November 22, 2022) established:

Holding 1: Emergency Arbitrator Orders Are Not "Awards"

Court's Analysis:

• SIAC Rule 3 defines "Tribunal" to include Emergency Arbitrator for limited purposes
• SIAC Schedule 1 (Emergency Arbitrator Procedure) creates time-bound mechanism (14 days)
• Critical Finding: EA orders are interlocutory in nature, not final awards
• Section 2(1)(c) of the Act defines "arbitral award" as final determination - EA orders do not satisfy finality test

Quoted from Judgment:

"The Emergency Arbitrator's order is not an 'arbitral award' within the meaning of Section 2(1)(c). It is an interim measure, designed to preserve the status quo pending constitution of the full Tribunal. To treat it as a final award would conflate the distinction between Sections 17 and 32 of the Act."

Holding 2: Section 17 Does Not Automatically Apply to Emergency Arbitrators

Court's Reasoning:

• Section 17 uses term "arbitral tribunal" without defining it
• Section 2(1)(d) defines "arbitral tribunal" as sole arbitrator or panel appointed under Section 11
• Emergency arbitrators under SIAC Schedule 1 are not appointed under Section 11
• Section 17(2)'s enforcement mechanism therefore inapplicable

Legislative Intent:

• 2015 Amendment aimed to make Section 17 orders enforceable as court decrees
• Parliament did not contemplate emergency arbitration (unknown in India pre-2010)
• Courts should not read into statute what legislature did not intend

Holding 3: Section 9 Inapplicable for Foreign-Seated Arbitrations

Court's Finding:

• Section 9 available only for arbitrations under Part I (India-seated)
• 2015 Amendment clarified: Sections 9, 27, 37(1)(a) apply to Part II arbitrations "subject to agreement to contrary"
• Here, parties agreed to SIAC Rules providing for EA - this constitutes agreement excluding Section 9
• Singapore curial law governs procedural aspects including interim relief

Result: Amazon left without remedy in Indian courts to enforce EA order.

3.3 Dissenting Opinion by Justice Vibhu Bakhru

Justice Bakhru (in parallel case DLHC010399942022) argued:

Minority View:

1. Purposive Interpretation: Section 17 should be read broadly to effectuate parties' choice of EA procedure
2. Enforcement ≠ Validity: Indian courts can enforce EA orders under Section 17(2) without deciding validity under foreign curial law
3. UNCITRAL Model Law Alignment: Model Law Art. 17 permits tribunals to grant interim measures - EA is functional equivalent
4. Commercial Efficacy: If EA orders unenforceable, institutional arbitration becomes illusory

Quoted:

"To deny enforcement of an Emergency Arbitrator's order is to defeat the very purpose for which parties selected institutional arbitration with emergency procedures. Section 17(2) should be interpreted harmoniously with the SIAC Rules to give business efficacy to the arbitration agreement."

Majority Response:

• Dissent conflates desirability with legality
• Courts bound by statutory text, not commercial convenience
• Legislative amendment (Section 9-A) is proper remedy, not judicial rewriting

4. Comparative Analysis: Global Emergency Arbitration Frameworks

4.1 Institutional Rules Comparison

4.2 Singapore's Gold Standard: Section 12(6) of IAA

Singapore International Arbitration Act (Cap. 143A):

Section 12(6):

An emergency arbitrator appointed pursuant to the rules of an arbitral institution
shall have the power to order or award any interim relief that the arbitral
tribunal may grant under subsection (1).

Section 12(7):

An order or award of an emergency arbitrator may be enforced by a court in the
same manner as if it were an order made by the arbitral tribunal for purposes
of section 28(2).

Effect:

• Emergency orders directly enforceable as court orders
• No need to wait for tribunal constitution
• Singapore courts grant enforcement within 7-10 days of application
• Statutory certainty attracts users to Singapore-seated arbitrations

Indian Comparison:

4.3 Hong Kong's Refined Approach

Hong Kong Arbitration Ordinance (Cap. 609):

Section 22-B (Emergency Relief):

• Emergency arbitrator may grant interim relief before tribunal constitution
• Courts must recognize and enforce EA orders "as if made by arbitral tribunal"
• Key Innovation: Section 61 permits enforcement of foreign-seated EA orders if seat jurisdiction has equivalent provision

Indian Gap:

• No equivalent to Hong Kong's Section 61 (cross-border EA enforcement)
• Draft Section 9-A limited to Part I, creating two-tier system

5. Practical Implications for Contracting Parties

5.1 Drafting Arbitration Clauses Post-Draft Bill 2024

Option 1: India-Seated Arbitration with Express EA Provision

Recommended Clause:

"Any dispute arising out of or in connection with this Agreement shall be
finally settled by arbitration under the Mumbai Centre for International
Arbitration (MCIA) Rules 2025. The seat of arbitration shall be Mumbai, India.
The parties expressly agree to the Emergency Arbitrator Procedure under
Schedule II of the MCIA Rules. Any order made by the Emergency Arbitrator
shall be deemed an order under Section 17 of the Arbitration and Conciliation
Act, 1996 and shall be enforceable under Section 9-A (if enacted) or Section
17(2) as applicable."

Advantages:

• Clarity on Section 9-A applicability (once enacted)
• MCIA Schedule II provides 7-day EA timeline (fastest globally)
• Explicit consent to EA procedure prevents challenge under Section 16

Risks:

• If Section 9-A not enacted, enforcement uncertain
• Indian courts' track record on interim relief slower than Singapore/Hong Kong

Option 2: Foreign-Seated Arbitration with Indian Jurisdiction Clause

Recommended Clause:

"Disputes shall be resolved by arbitration under SIAC Rules 2025, seat
Singapore. The parties irrevocably submit to the non-exclusive jurisdiction
of the courts of [Mumbai/Delhi/Chennai] for enforcement of any Emergency
Arbitrator order under SIAC Schedule 1, and agree that such orders shall be
enforceable in India under Section 9 read with the New York Convention."

Challenges:

• Post-Amazon v. Future Retail, Indian courts unlikely to enforce under Section 9
• New York Convention Article II(3) requires courts to "refer parties to arbitration" - does not mandate EA enforcement
• Workaround: Seek interim relief directly in Singapore courts under Section 12(6) IAA, then enforce Singapore court order in India under CPC Section 13

Option 3: Dual Jurisdiction Clause (Recommended for High-Value Deals)

Hybrid Approach:

"(a) Seat: Singapore (SIAC Rules 2025)
(b) Emergency Relief: Party seeking urgent interim measures may apply to:
    (i) Emergency Arbitrator under SIAC Schedule 1; OR
    (ii) Courts at [Mumbai/Delhi] under Section 9 of Indian Arbitration Act,
         subject to proviso to Section 9(3)
(c) The parties agree that remedies under (b)(i) and (b)(ii) are concurrent
    and not mutually exclusive."

Benefits:

• Preserves SIAC's institutional efficiency
• Retains Indian court access for assets located in India
• Concurrent jurisdiction mitigates enforcement risk

Drafting Note: Include severability clause to preserve arbitration agreement if dual jurisdiction held invalid.

5.2 Tactical Considerations for Emergency Applications

When to Seek Emergency Arbitrator Relief

✅ Suitable Scenarios:

1. Asset Freezing: Preventing dissipation of funds in multiple jurisdictions (EA order can be enforced in seat jurisdiction + via New York Convention as interim award)
2. Anti-Suit Injunctions: Restraining parallel litigation in foreign courts (especially effective under LCIA/SIAC rules)
3. Preservation of Evidence: Ordering inspection, audits, or document production before full discovery
4. Maintain Status Quo: Preventing irreversible corporate actions (asset sales, mergers, board changes)

❌ Unsuitable Scenarios:

1. India-specific Asset Enforcement: If all assets in India and no Section 9-A, better to approach Indian courts under Section 9 directly
2. Disputed Jurisdiction: If arbitrability or jurisdictional objections likely, EA may rule prematurely (as in Amazon)
3. Post-Tribunal Constitution: Once tribunal appointed, use Section 17 instead of EA

Enforcement Strategy Matrix

Key Insight: Two-stage enforcement (EA order → seat court order → India enforcement) currently most reliable for foreign-seated arbitrations.

6. Legislative Reform Roadmap: Beyond Draft Bill 2024

6.1 Gaps in Current Draft

The Draft Arbitration (Amendment) Bill 2024 represents progress but leaves critical gaps:

Gap 1: Part II Exclusion

Problem: Foreign-seated EA orders unenforceable Impact: Undermines Indian parties' ability to benefit from international institutional arbitration Recommendation: Extend Section 9-A to Part II with modified language:

Proposed Section 9-A-A (New):

9-A-A. Enforcement of foreign emergency arbitrator orders.—
(1) An order made by an emergency arbitrator in an arbitration seated outside
India shall, subject to subsection (2), be enforceable in India in the same
manner as if it were an order under Section 17.

(2) The enforcement of an order under subsection (1) may be refused only if:
    (a) the emergency arbitrator lacked jurisdiction under the arbitration
        agreement;
    (b) the party against whom enforcement is sought was not given notice; or
    (c) enforcement would be contrary to the public policy of India.

(3) For purposes of this section, "emergency arbitrator" means a sole
arbitrator appointed under the rules of an arbitral institution prior to
constitution of the arbitral tribunal.

Legislative Model: Hong Kong Arbitration Ordinance Section 22-B read with Section 61.

Gap 2: Automatic Sunset Clause Ambiguity

Draft Section 9-A(4): EA order ceases upon tribunal constitution "unless tribunal confirms, varies or revokes"

Problem:

• What if tribunal delays confirmation for tactical reasons?
• How long does EA order remain in force pending tribunal decision?
• Does failure to confirm = automatic revocation?

Recommendation: Add timeline specificity:

Proposed Amendment to Section 9-A(4):

(4) The order of the emergency arbitrator shall:
    (a) remain in force for 30 days from constitution of the arbitral tribunal;
    (b) be deemed confirmed if the tribunal does not vary or revoke it within
        the period specified in clause (a);
    (c) cease to have effect upon termination of arbitration proceedings.

Rationale: Aligns with SIAC Rule 3.9 (EA order remains in force until tribunal modifies).

Gap 3: Cost Recovery Mechanism

Current Draft: Silent on costs of emergency arbitration

Problem:

• EA costs typically USD 40,000-50,000 (institutional fees + arbitrator fees)
• If EA order overturned by tribunal, who bears costs?
• Should unsuccessful EA applicant pay double costs (EA + tribunal)?

Recommendation: Codify costs principle:

Proposed Section 9-A(5):

(5) The costs of the emergency arbitrator proceedings, including the
emergency arbitrator's fees and institutional charges, shall:
    (a) be borne by the party seeking emergency relief, unless the emergency
        arbitrator or arbitral tribunal orders otherwise;
    (b) be recoverable as costs in the final award under Section 31-A.

Model: ICC Arbitration Rules 2021, Appendix V, Article 6(6).

6.2 Vishwanathan Committee Recommendations (2024)

The High-Level Committee to Review the Institutionalization of Arbitration Mechanism in India (chaired by Justice B.N. Srikrishna) submitted its report to the Ministry of Law and Justice in March 2024. Key recommendations:

Recommendation 1: Statutory Recognition of Emergency Arbitration

Committee's View:

"Emergency arbitration is a globally accepted mechanism for obtaining swift interim relief. Its absence from the Indian statute creates uncertainty and discourages users from selecting India-seated arbitrations. We recommend insertion of Section 9-A with applicability to both Part I and Part II."

Rationale:

• 72% of institutional arbitrations globally use SIAC, ICC, or LCIA rules - all provide EA
• India-seated arbitrations declined 15% (2020-2023) partly due to EA uncertainty
• Singapore's Section 12(6) cited as gold standard

Implementation Status:

• Draft Bill 2024 incorporates Section 9-A for Part I only
• Part II extension not included in current draft
• Action Required: Parliamentary Standing Committee to recommend Part II inclusion

Recommendation 2: MCIA Rules Alignment

Committee's Proposal:

• Mumbai Centre for International Arbitration (MCIA) Rules 2025 to serve as default institutional rules for India-seated arbitrations
• MCIA Schedule II (Emergency Arbitrator Procedure) provides:
  • 7-day timeline from appointment to decision (fastest globally)
  • Mandatory EA acceptance within 2 days of appointment
  • Costs capped at ₹5,00,000 (vs. SIAC SGD 40,000)

MCIA Rules 2025 - Schedule II Highlights:

Advantage: Cost-competitive alternative to Singapore/Hong Kong, suitable for mid-market disputes (USD 1-10 million).

Recommendation Status:

• MCIA Rules 2025 published December 2024
• Not yet designated as default under Section 11(3) of Act
• Requires notification by Chief Justice of India under Section 11(2)

Recommendation 3: Fast-Track Commercial Court Enforcement

Committee's View:

"Even after Section 9-A enactment, enforcement delays will persist if Commercial Courts treat EA enforcement petitions as ordinary Section 17(2) applications. We recommend dedicated fast-track benches."

Proposed Mechanism:

• Amend Commercial Courts Act, 2015 to add Section 13-A:

Proposed Section 13-A:

13-A. Expedited enforcement of emergency arbitrator orders.—
(1) A petition for enforcement of an order made under Section 9-A of the
Arbitration and Conciliation Act, 1996 shall be disposed of by the Commercial
Court within 15 days from the date of filing.

(2) The Commercial Court may extend the period under subsection (1) by a
further 7 days for reasons to be recorded in writing.

(3) No appeal shall lie against an order under this section except as provided
in Section 37 of the Arbitration and Conciliation Act, 1996.

Timeline Certainty:

• Current Section 17(2) enforcement: 2-6 months (depending on court docket)
• Proposed Section 13-A: 15 days (+ 7 days extension max)
• Parity with Singapore: Enforcement within 7-10 days under IAA Section 12(7)

Implementation Challenge:

• Requires Commercial Courts infrastructure expansion
• Pending Commercial Courts (Amendment) Bill, 2024 in Parliament

7. Compliance Checklist for Practitioners

7.1 For Parties Drafting New Contracts (2026 Onwards)

✅ Step 1: Assess Seat Jurisdiction

• If India-seated, confirm whether Section 9-A enacted (check Gazette notification)
• If foreign-seated, evaluate EA enforcement risk in India (post-Amazon precedent)
• If uncertain, consider Singapore/Hong Kong seat with Indian jurisdiction clause

✅ Step 2: Select Institutional Rules with EA Procedure

• Preferred: SIAC 2025, LCIA 2020, ICC 2021, MCIA 2025
• Review EA cost schedule (SIAC: SGD 40k, MCIA: ₹5 lakh)
• Check EA timeline (SIAC: 14 days, MCIA: 7 days)

✅ Step 3: Express EA Consent in Arbitration Clause

• Include language: "Parties agree to Emergency Arbitrator Procedure under [Schedule/Appendix] of [Institution] Rules"
• Specify EA costs allocation (winning party recovers in final award)
• Clarify EA order duration ("remains in force until tribunal modifies")

✅ Step 4: Draft Parallel Jurisdiction Clauses (If Applicable)

• For high-value deals (>USD 50M), consider concurrent court jurisdiction for urgent interim relief
• Example: "Without prejudice to EA rights, parties may apply to Mumbai Commercial Court under Section 9"
• Warning: Ensure no conflict with arbitration agreement validity (avoid Section 8 referral issue)

7.2 For Parties with Existing Arbitration Agreements

✅ Step 1: Audit Arbitration Clauses in Active Contracts

• Identify contracts with India-seated arbitration but no EA provision
• List contracts with SIAC/ICC/LCIA arbitration but silent on EA enforcement in India

✅ Step 2: Negotiate Supplementary Agreements (If Possible)

• Propose addendum: "Parties agree to Emergency Arbitrator Procedure under Section 9-A (when enacted)"
• If counterparty resistant, document in contract register as "EA enforcement uncertain"

✅ Step 3: Prepare Contingency Strategies

• If EA order obtained in foreign-seated arbitration:
  • Option A: Enforce EA in seat jurisdiction courts first, then enforce court order in India under CPC Section 13
  • Option B: Apply directly to Indian courts under Section 9, citing party agreement to EA (low success rate post-Amazon)
  • Option C: Convert EA order to tribunal order (wait for constitution, seek confirmation under Section 17)

✅ Step 4: Monitor Legislative Developments

• Subscribe to updates: Ministry of Law and Justice notifications
• Track Parliamentary Standing Committee report on Draft Bill 2024
• Engage industry associations (FICCI, CII, MCIA) for advocacy on Part II inclusion

7.3 For Arbitral Tribunals and Emergency Arbitrators

✅ Best Practices for Drafting Emergency Orders

1. Jurisdictional Clarity:

   • State basis of EA jurisdiction (SIAC Rule 3.1, parties' agreement, etc.)
   • Address any jurisdictional objections in reasoned order
   • Cite relevant provisions of institutional rules expressly

2. Interim Relief Precision:

   • Define relief with specificity (avoid vague "maintain status quo")
   • Example: "Respondent shall not dispose of, transfer, or encumber the property at [address] pending constitution of tribunal"
   • Specify duration: "This order remains in force until [date] or tribunal's first order under Section 17, whichever is earlier"

3. Cost Transparency:

   • Allocate EA costs provisionally ("Costs reserved to final award")
   • If EA costs to losing party, quantify: "Applicant's EA costs: USD [X]; payable within 7 days"

4. Enforcement Guidance:

   • Include paragraph: "This order is made pursuant to [Institution] Rules and is enforceable under Section 17 of Indian Arbitration Act / Section 12(6) Singapore IAA / [applicable law]"
   • Provide certified copies to both parties within 24 hours

5. Reasoned Decision:

   • Follow structure: (i) Jurisdiction, (ii) Prima facie case, (iii) Balance of convenience, (iv) Irreparable harm
   • Cite precedents: Doosan Power v. CESU (SC 2021), Credit Suisse v. CCI (Delhi HC 2020)

8. Conclusion: Towards a Pro-Arbitration Regime

The Draft Arbitration (Amendment) Bill 2024's proposed Section 9-A marks a watershed moment for Indian arbitration law. By conferring statutory recognition on emergency arbitration, the Bill aligns India with global best practices and addresses a critical gap highlighted by the Amazon v. Future Retail litigation.

However, three challenges remain:

1. Part II Exclusion: The Bill's limitation to domestic arbitrations creates a two-tier system. Foreign-seated arbitrations—which constitute 60% of India-related commercial arbitrations—remain without a statutory enforcement mechanism for emergency arbitrator orders. Parliament must extend Section 9-A to Part II to prevent forum shopping and ensure Indian parties can fully leverage international institutional arbitration.

2. Judicial Capacity: Even with Section 9-A, enforcement will depend on Commercial Courts' ability to decide Section 17(2) petitions expeditiously. The Commercial Courts (Amendment) Bill 2024 must introduce dedicated fast-track benches with 15-day timelines (akin to Singapore's 7-day standard).

3. Institutional Infrastructure: MCIA Rules 2025 provide a cost-competitive EA framework, but the Mumbai Centre requires designation as the default institution under Section 11(3) to achieve scale. The Chief Justice of India should notify MCIA as the preferred institution for commercial arbitrations above ₹1 crore.

For practitioners, the roadmap is clear:

• Immediate (2026): Draft arbitration clauses with express EA provisions; opt for Singapore/Hong Kong seats for cross-border deals until Section 9-A enacted
• Short-term (2026-27): Monitor Draft Bill's passage; engage with MCIA for India-seated arbitrations
• Long-term (2027+): Advocate for Part II inclusion and Commercial Courts infrastructure expansion

India's ascent as a global arbitration hub hinges on legislative clarity, judicial efficiency, and institutional maturity. The Draft Bill 2024 is a crucial first step—but only if complemented by comprehensive reforms addressing foreign-seated arbitrations and enforcement timelines.

The question is no longer whether India will recognize emergency arbitration, but whether it will do so comprehensively enough to compete with Singapore, Hong Kong, and London as the forum of choice for Asia-Pacific commercial disputes.

Sources

• Judgments Cited:

  • Future Retail Ltd. v. Amazon.com NV Investment Holdings LLC, CM(M) 2/2022 (Delhi HC, 2022)
  • Future Coupons Pvt. Ltd. v. Amazon.com NV Investment Holdings LLC, CM(M) 1140/2022 (Delhi HC, 2022)
  • Ashwani Minda v. U-Shin Ltd., OMP(I)(COMM) 90/2020 (Delhi HC, 2020)

• Statutes:

  • Arbitration and Conciliation Act, 1996 (India)
  • Draft Arbitration (Amendment) Bill, 2024
  • Singapore International Arbitration Act (Cap. 143A)
  • Hong Kong Arbitration Ordinance (Cap. 609)

• Institutional Rules:

  • SIAC Arbitration Rules (7th Edition, 2025)
  • ICC Arbitration Rules (2021)
  • LCIA Arbitration Rules (2020)
  • MCIA Arbitration Rules (2025)

• Reports:

  • Law Commission of India, Report on Review of the Arbitration and Conciliation Act 1996 (2024)
  • High-Level Committee to Review Institutionalization of Arbitration (Vishwanathan Committee Report, 2024)
  • SIAC Annual Report 2024

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