Emergency Arbitration Awards Not Binding on Courts Under Section 9, Rules Delhi High Court

The Delhi High Court held that emergency arbitration awards do not bind courts while deciding applications under Section 9 of the Arbitration and Conciliation Act.

It clarified that courts must independently assess the merits of interim relief and cannot simply rely on an emergency arbitrator’s order.

The Court noted that emergency awards are often based on a lower threshold, such as a “prima facie” or “reasonably arguable” case, whereas Section 9 requires a stricter judicial standard.

Accordingly, even if an emergency award exists, Indian courts retain full discretion to grant or refuse relief based on their own evaluation of facts and law.

[JLT Energy 9SAS v. Hindustan Clean Energy]