Interim Relief In Arbitration: Intervening Powers Of The Court

The Arbitration and Conciliation Act, 1996 (“Act”) was introduced to modernize India’s arbitration framework, harmonize procedures with global norms and reduce court interference to only cases with immediate urgency. However, no arbitration mechanism can operate efficiently without measures that safeguard the dispute’s subject matter while arbitration is ongoing. Commercial dealings often include assets that fluctuate in worth, items that deteriorate, and entitlements that may be irrevocably changed and financial guarantees whose improper use can lead to permanent damage. Recognizing these commercial realities, Section 9 of the Act confers upon courts the power to grant interim measures of protection before arbitration begins, while it is ongoing, and after the award but before enforcement.