Applicants may not seek Section 9 relief after invoking emergency arbitration; the principle of election prevents simultaneous pursuit of multiple remedies.

Based on the provided legal document, the key points are as follows:

1. The Court held that once a party has invoked emergency arbitration, it cannot seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as this would violate the principle of election and the prior agreement to resolve disputes through arbitration (!) (!) .

2. The Court emphasized that the arbitration clause in the agreement specifies that arbitration proceedings, including emergency measures, would be conducted under the Rules of the Japan Commercial Arbitration Association (JCAA) and in Japan, with the seat of arbitration outside India. Therefore, the provisions of Part I of the Act, including Section 9, do not apply unless explicitly excluded by the parties’ agreement (!) (!) (!) .

3. The Court noted that the emergency arbitrator's order, which declined relief, was detailed and well-reasoned, and that the Applicants had already invoked the emergency arbitration mechanism. Consequently, they could not re-approach the Court for similar relief, as the mandate of the emergency arbitrator was still in effect, and no change of circumstances was demonstrated (!) (!) .

4. The doctrine of election was applied to conclude that the Applicants, having chosen the emergency arbitration route, could not subsequently seek interim relief from the Court under Section 9, especially since the arbitration agreement and rules provided a comprehensive dispute resolution mechanism (!) .

5. The Court also found that the Applicants lacked locus standi to file the petition because Applicant No.1 was not a signatory or party to the arbitration agreements and had not acquired the rights claimed through the Settlement Deed, which was still subject to conditions. Additionally, Applicant No.2 was not a party to the arbitration agreements and was incorporated after the relevant agreements were executed (!) (!) .

6. The Court clarified that the dispute resolution mechanism in the joint venture agreement (JVA) and the technical assistance agreement (LTAA) specify arbitration in Japan under JCAA Rules, which explicitly provide for interim measures and allow parties to seek judicial relief. However, these provisions do not override the agreement that arbitration, including emergency measures, is to be conducted under Japanese Rules, which exclude the applicability of Part I of the Indian Arbitration Act unless explicitly incorporated (!) (!) .

7. The Court highlighted that the amendments to the Arbitration Act and relevant judicial pronouncements establish that Section 9 is applicable to international commercial arbitrations seated outside India only if the parties have not expressly or impliedly excluded its application. In this case, the arbitration agreement explicitly excluded the applicability of Part I of the Act (!) (!) .

8. The Court dismissed the petition, reaffirming that it cannot act as an appellate authority over the decisions of the emergency arbitrator or arbitral tribunal, especially when the parties have agreed to arbitration rules that govern interim measures and dispute resolution procedures (!) (!) .

In summary, the Court concluded that the dispute resolution clauses and arbitration rules chosen by the parties exclude the application of Section 9 of the Indian Arbitration Act. The Applicants' invocation of emergency arbitration and their subsequent petition under Section 9 were found to be procedurally and substantively barred, given the principles of election, the specific arbitration agreement, and the applicable rules.