Interim Measure – Harmonising Reliefs Under Section 9 And Section 17 Of The Arbitration And Conciliation Act, 1996

I. Introduction

Various interim measures of protection are embedded in Section 9 and Section 17 of the Arbitration and Conciliation Act, 1996 ("Act") for addressing urgent matters when time is of the essence. These interim measures of protection are essential to not only protect and preserve the subject matter of arbitration but also ensure that the arbitral award is not frustrated by a party seeking to dissipate its assets.

For the purposes of granting interim relief, the arbitral proceedings may be divided into four periods – (i) pre-commencement ("pre-commencement period"); (ii) from issuance of notice under Section 21 of the Act to acceptance of mandate by the arbitrator ("pre-acceptance period"); (iii) from acceptance of mandate by the arbitrator to passing the arbitral award ("pendency of arbitral proceedings"); and (iv) from arbitral award to execution of the award ("post-award period").