Applicability Of Section 9(3) Of The Arbitration And Conciliation Act, 1996 Vis- A- Vis Section 9(1) Application For Interim Measures: An Analysis

INTRODUCTION

With the Arbitration and Conciliation Amendment Act, 2015 ("2015 Amendment Act"), arbitral tribunals now have various options while deciding whether or not to issue interim remedies. In light of this, it is of the utmost importance to get an understanding of the many forms of interim relief that may be granted by courts and arbitral tribunals, as well as the restrictions associated with it. The purpose of this article is to conduct an analysis of Section 9(3) application as well as the subtle intent contained within it. The 2015 Amendment Act made substantial modifications to Section 9¹ of the Arbitration & Conciliation Act, 1996 ("the Act"), which governs the provision of interim remedy by courts. As a result of an amendment made in 2015, once an arbitral tribunal has been constituted, the court's ability to issue interim reliefs is restricted. The 2015 Amendment Act added Section 9(3)² to the Act, which says once the arbitral tribunal has been