In this newsletter we have analysed the impact of recent arbitration related judgments of the Supreme Court of India and Indian High Courts.
In Amazon.com NV Investment Holdings LLC (“Amazon”) and Future Coupons Pvt. Ltd. (“FCPL”) case, the Supreme Court holds that an emergency award in India-seated arbitrations is an order under Section 17(1) of the Act and enforceable under Section 17(2) of the Act. This judgment is a significant breakthrough for recognition of emergency awards as orders passed under Section 17(1) of the Act. Parties in India-seated arbitrations can now straightaway approach the Court for enforcement of an order passed by emergency arbitrator and need not specifically apply to courts under Section 9 of the Act to first obtain a fresh interim relief in terms of the emergency arbitrator’s order.
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