Supervisory jurisdiction over arbitral tribunals challenges to interim orders in India

There has been recent controversy in India regarding a dispute between Amazon (A) and the Future Group (FG) when the Delhi High Court ordered an interim stay of arbitration proceedings being undertaken under the rules of the Singapore International Arbitration Centre.

The issue concerned the recognition of an interim award granted by an emergency arbitrator. Such enforcement required application to the Indian courts and of concern to those who arbitrate in India and who rely on the Indian courts for enforcement of awards made in India by such tribunals and in future clarification of Indian law as to the enforcement of an emergency arbitration award made in a foreign country for enforcement in India. The first of these points was clarified in the Amazon case. The second point will require confirmation if confidence in the process in India is to be maintained.