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Prakhar Narain Singh Chauhan & Prachee Satija

EXPRESSIONS OF THE EMERGENCY ARBITRATOR: ORDER OR AWARD?LEGISLATIVE PERSPECTIVES

Emergency Arbitration [“EA ”] has gained significant traction in global arbitration

framework. While the procedure has come to be established in the rules of multiple arbitral

institutions, national legislations seem to be lacking. Often discussed questions are the

nature of the expression by the Emergency Arbitrator [“EAr ”] and enforceability thereof

essentially needs backing up. This article examines the jurisprudence of EA in various

jurisdictions to determine how national courts have considered questions of finality of the

award/order, urgency considerations, and the kind of reliefs that may be sought and

granted. Through this analysis, we assess how legislative support in recognising EA in

the relevant municipal legislation helps in the recognition and enforcement of such

expressions.


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