Arbitration and Conciliation Act, 1996:
ss. 17(1) and (2) – Interim measures ordered by arbitral
tribunal – “Award” by Emergency Arbitrator under the Arbitration
Rules of the Singapore International Arbitration Centre – Seat of
arbitral proceedings in India and governed by SIAC Rules – Said
award, if an order u/s. 17(1) – Held: Award by Emergency Arbitrator
under SIAC Rules can be said to be an order u/s. 17(1) – Full party
autonomy is given by the Arbitration Act to have a dispute decided
in accordance with institutional rules which can include Emergency
Arbitrators delivering interim orders, described as “awards” – Such
orders aid of decongesting the civil courts and affording expeditious
interim relief to the parties – Such orders are referable to and are
made u/s. 17(1) –Arbitration Rules of the Singapore International
Arbitration Centre.
s. 37 – Appealable orders – Order passed u/s. 17(2) in
enforcement of the award of an Emergency Arbitrator by Single
Judge of the High Court – Appeal there against u/s. 37 – Held: No
appeal lies u/s. 37 against an order of enforcement of an Emergency
Arbitrator’s order made u/s. 17(2) of the Act.
Arbitration Rules of the Singapore International Arbitration
Centre: r. 1.3 – Term Emergency arbitration – Explanation of –
Held: Reading of the SIAC Rules indicates that even before an
arbitral tribunal is constituted under the Rules, urgent interim reliefs
can be granted by an “Emergency Arbitrator” –An Emergency
Arbitrator as defined by r. 1.3 means an arbitrator in accordance
with paragraph 3 of Schedule 1 – Emergency Arbitrator has all the
powers vested in the arbitral tribunal pursuant to SIAC Rules,
including the authority to rule on his own jurisdiction – Emergency
Arbitrator has the power to order such interim relief that he deems necessary, and is to give summary reasons for his decision in writing
– Once the arbitral tribunal is constituted under paragraph 10, the
tribunal may reconsider, modify, or vacate any such interim order –
Such interim order or award issued by the Emergency Arbitrator
would continue to bind the parties unless it is modified or vacated
by the arbitral tribunal, once it is constituted, until the tribunal
makes a final award or until the claim is withdrawn.
Code of Civil Procedure, 1908: Ord XLIII, r. 1(r) – Appeals
from orders – Maintainbility of appeal under Ord. XLIII, r. 1(r),
when enforcement order of the award of an Emergency Arbitrator
made under Arbitration Act – Explained.