90 Days To Arbitrate: A Critical Study Of Section 9 Of The Arbitration Act

Introduction:

Interim reliefs play a critical role in protecting those parties’ rights who seek to resolve their disputes through arbitration. Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) empowers the courts to grant interim reliefs at three stages, i.e., before the commencement of arbitration, during its pendency, and after the award is passed but before its enforcement under Section 36 of the Act. Section 9 of the Act gives the Court wide powers to grant interim reliefs, including orders to secure the amount in dispute, appoint a receiver, grant an injunction, direct the interim sale or custody of goods, or pass any other order deemed just and convenient. However, the 2015 Amendment (“Amendment”) substantially revised these provisions to reduce judicial intervention and strengthen arbitral Tribunal autonomy. This article addresses some practical issues faced by the parties: