Locus Standi Of Third Parties Under Section 9 Of The Arbitration And Conciliation Act, 1996

INTRODUCTION

Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") is broadly based on the UNCITRAL Model Law on International Commercial Arbitration, 1985. Section 9 of the Act, provides opportunity to the parties to an Arbitration Agreement, to not only seek relief before or during the commencement of the arbitral proceedings but also after the passing of the arbitral award, provided such relief is sought by the parties before the enforcement of the award. However, in cases where third party rights are getting affected, only a court can grant such reliefs. Such third party to the Arbitration Agreement can always avail the remedy in law and approach the Court to resolve and claim the damages for the grievance arisen with the parties to the Arbitration Agreement, showing separate cause of action and engage into litigation in its own individual capacity but not under the ambit of the Arbitration Agreement to which it was never