In a recent decision in India Resurgence ARC Pvt. Ltd. v. M/s Amit Metalinks Ltd. & Anr.1, the Hon'ble Supreme Court held that a security interest available to a dissenting financial creditor over the assets of the corporate debtor does not give it a right over and above other financial creditors. Thus, the dissenting financial creditor cannot enforce the entire security interest and bring about an inequitable scenario by receiving amounts beyond the receivable liquidation value proposed for the same class of creditors. The present article briefly summarises the findings of the Hon'ble Supreme Court in the decision mentioned above.

Emergency arbitrations are conducted in pursuance of an agreement between the disputants, often on short notice due to the scarcity of time and urgency of the relief sought. Parties prefer invoking provisions for emergency arbitration for seeking interim reliefs, which would prevent the frustration of the subject matter of the dispute. Emergency arbitration has gained prominence in the context of the Indian arbitral regime as the Amazon-Future group dispute made it to the headlines. The present article briefly discusses the important aspects of emergency arbitrations and their current status in India.