Foreign Award Holders Can Seek Interim Reliefs Under Section 9 Rules Bombay High Court

In a recent decision, the High Court of Bombay (Court) held that the applicability of Section 9 to foreign arbitral awards under Part-II of the Arbitration and Conciliation Act 1996 (Act) can be restricted only if the agreement states so in specific terms and a mere designation of an overseas venue or applicable law would not be sufficient. In other words, applications for interim protection under Section 9 of the Act may be filed to secure the interests of the award holder even in case of a foreign award, unless express exclusion of this Section is made in the agreement between the parties.

Factual Background

The parties had entered into a contract for the sale of a helicopter by the petitioner to the respondent. The said contract was to be governed in accordance with Singapore law and further provided that any dispute would be referred to arbitration in Singapore to which the SIAC Rules would be applicable.