THE SCOPE FOR EQUITABLE RELIEFS IN ARBITRATION PROCEEDINGS
AUTHOR – ADITI A A, STUDENT AT AMITY UNIVERSITY NOIDA
BEST CITATION – ADITI A A, THE SCOPE FOR EQUITABLE RELIEFS IN ARBITRATION PROCEEDINGS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 616-620, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT:
Arbitration has emerged as a dynamic and flexible alternative to traditional litigation, yet its role in granting equitable reliefs remedies like injunctions and specific performance grounded in fairness remains an evolving frontier. This essay explores the legal and practical dimensions of such remedies in arbitral proceedings, with particular emphasis on the Indian context. It traces the statutory foundation provided by the Arbitration and Conciliation Act, 1996, and examines how recent judicial decisions, including Amazon v. Future Retail and DMRC v. DAMEPL, have expanded the authority of arbitral tribunals to award equitable remedies once considered the exclusive domain of courts[1]. By integrating comparative perspectives from jurisdictions such as the UK, US, and Singapore, the essay reveals a growing international consensus on empowering arbitrators to deliver non-monetary justice. It also addresses the procedural hurdles and enforcement challenges that accompany such powers, especially in ad hoc proceedings. Drawing on real-world examples and doctrinal analysis, the essay advocates for clearer contractual drafting, the inclusion of standard equitable relief clauses, and institutional innovations to strengthen the enforceability of these remedies. Ultimately, it argues that enabling arbitrators to grant equitable reliefs not only aligns arbitration with the demands of fairness but also enhances its relevance in a globalized legal landscape.
Keywords: Arbitration, Equitable Relief, Injunction, Specific Performance, Emergency Arbitrator, Non-Monetary Awards.
[1] The Arbitration and Conciliation Act, No.26 of 1996, https://legislative.gov.in/sites/default/files/A1996-26.pdf; see also Amazon.com NV Investment Holdings LLC v. Future Retail Ltd., (2022) 1 SCC 209; Delhi Metro Rail Corp. Ltd. v. Delhi Airport Metro Express Pvt. Ltd., (2021) 12 SCC 624.