Bridging The Gap: Enhancing The Reach Of Interim Foreign Arbitration Awards

The current enforcement landscape for interim awards in India is characterized by two distinct scenarios:

1. The first scenario involves interim measures granted by Indian courts under Section 9 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") ("Scenario No. 1"). This provision allows Indian courts to provide interim relief in support of arbitration proceedings, irrespective of whether the arbitration is seated in India or abroad.
2. The second scenario pertains to interim measures granted by a foreign-seated arbitral tribunal or emergency arbitrator ("Scenario No. 2"). The recognition and enforcement of such measures in India remain contentious, raising questions about the extent to which Indian courts are willing to uphold interim awards issued by foreign-seated