Section 9(2) And The 90-day Limitation – No Automatic Termination Of Interim Protection

Introduction 

The courts are vested with powers under Section 9 of the Arbitration & Conciliation Act, 1996 (“Act”) to grant interim measure of protection before or during arbitral proceedings or at any time after the making of an arbitration award but before it is enforced. By way of amendment in 2015 (“2015 Amendment”), Section 9(2) was inserted in the principle Act mandating that where, before the commencement of arbitral proceedings, the Court passes an order for any interim measure of protection under Section 9(1) of the Act, the arbitral proceedings shall be commenced within a period of ninety (90) days from the date of such order or within such further time as the Court may determine.