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Ashwani Minda v U-Shin: The Delhi High Court's recent observations on emergency arbitrator relief and the availability of court-ordered interim measures

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29 May 2020

The Delhi High Court has held that the choice of certain institutional arbitration rules could potentially disentitle parties to foreign-seated arbitrations from approaching the Indian courts for interim relief.

On 12 May 2020, the Delhi High Court delivered its judgment in the case of Ashwani Minda & Anr v U-Shin Ltd & Anr (Ashwani Minda), dismissing an application for court-ordered interim relief filed by a party to a Japan-seated arbitration, following the applicant's failure to obtain similar relief from an emergency arbitrator. The judgment is notable for being only the third Indian case to address the concept of emergency arbitrator relief in some detail, and for its findings in relation to the ability of parties to foreign-seated arbitrations to exclude the applicability of certain provisions of the Indian Arbitration and Conciliation Act, 1996 by agreement, whether expressly or by implication.