Post-Award Interim Measures – The Evolving Contours Of Section 9 Jurisdiction

Introduction

Arbitration is opted by the parties for speedy resolution and finality of disputes. Yet, between getting a favourable arbitral award and its enforcement lies a void in initiating execution proceedings against the award-debtor in cases where the award-debtor fails to satisfy the arbitral award which is nature of a decree. The award-holder may have the arbitral award in its favour; however, the award-debtor may still have the time and incentive to shield its assets in order to avoid its liability towards the arbitral award. Section 9 of the Arbitration and Conciliation Act, 1996 ("the Act") is the safety net meant to preserve the arbitral award from being rendered illusory.

The purview of Section 9 of the Act provides that a party may approach the court "at any time after making of the arbitral award but before it is enforced in accordance with Section 36". The courts have opined on the meaning of"before it is enforced"; particularly on whether "enforced" should be read