'Interim Relief': Comments On The UNCITRAL Amendments And The Indian Perspective

Executive Summary

In recent times, the issue of grant of interim relief by arbitral tribunals has become centre stage. The 1985 Model Law contemplated grant of interim measures (Article 17) but it seemed half‐hearted, as it did not contain an enforcement mechanism and nor were any adverse affects sanctioned in the event of non‐compliance. The old Article 17 was essentially premised on voluntary compliance and therefore (not unsurprisingly) was rarely resorted to. At the same time, an approach to court (while effective) had deterrents (including the inconvenience of moving a different forum, perhaps through another legal team). Resort to courts also carried an inbuilt risk of the court pre‐determining (or influencing) parties substantive rights. With this backdrop, in the year 2006 UNCITRAL made extensive amendments to the Model Law and elaborate provisions now stand incorporated on the subject. This article presents an analysis of the UNCITRAL amendments to the Model