Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996: ss. 17(1) and (2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | 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. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2021 INSC 385 |
Petitioner | Amazon.com Nv Investment Holdings Llc |
Respondent | Future Retail Limited & Ors. |
SCR | [2021] 4 S.C.R. 771 |
Judgement Date | 2021-08-06 |
Case Number | 4492 |
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