Conservatory and provisional measures in international arbitration play a crucial role in safeguarding the interests of the parties during the arbitral process. These measures, formulated to maintain the status quo or to prevent prejudice to the parties’ rights, are usually granted by a court or a tribunal at an early stage of the arbitration proceedings or before the merits of the dispute are determined. However, the efficiency, independence, and effectiveness of the arbitral process can be called into question when courts intervene to grant interim relief. This article analyses the evolution of conservatory measures in international arbitration and its jurisprudential development in India, along with the recognition of emergency arbitration and the scope of summary judgments in arbitration. The international approach and the guidelines established by India signify attempts to create a uniform standard for granting such measures and for making the mechanism as efficacious as possible.
Sachdeva et al. (Fri,) studied this question.