Application For Interim Measures Is Maintainable In A Foreign Seated Arbitration: Calcutta High Court Re-Iterates

INTRODUCTION

An award-holder of an arbitration which took place outside India would be rendered remediless if prompt and effective interim measures are not granted to the award-holder in the interregnum in relation to the assets of the award-debtor which are located in India.

The aforesaid was observed by hon'ble Justice Moushumi Bhattacharya of the Calcutta High Court in the matter of Medima LLC v. Balasore Alloys Limited,¹ while deciding upon the maintainability of an application for interim measures [Relief Application] under Section 9 of the Arbitration and Conciliation Act, 1996 [Act, 1996], post-award, in a foreign-seated arbitration. The Calcutta High Court in the case also dealt with the applicability of proviso to Section 2(2) of the Act, 1996 in order to ascertain whether the intention of the parties to the agreement was to exclude the recourse to Section 9 of the Act, 1996.