A Temporary Sigh Of Relief: Section 17 Of The Arbitration & Conciliation Act, 1996

1. Introduction

Section 17 of the Arbitration and Conciliation Act, 1996 ("the Act") prescribes a mechanism for parties to an arbitration, to seek interim reliefs from the arbitral tribunal during the pendency of the arbitral proceedings.¹ Parties to an arbitration may seek the said reliefs after invocation of the arbitration proceedings till the passing of the award. The present article discusses the applicability, principles for seeking interim reliefs and enforceability of orders under Section 17 of the Act, pursuant to the amendments to the Act in 2015 and subsequently in 2019.

2. Amendments to Section 17 of the Act

Before the amendment of the Act by the Arbitration and Conciliation (Amendment) Act, 2015 ("2015 Amendment Act"), an arbitral tribunal was like a toothless tiger as its powers to pass orders were restricted in comparison to the wide powers vested to courts under Section 9 of the Act. The limited scope of the unamended provision of the Act has