Section 9 (2) Of The Arbitration & Conciliation Act, 1996: A Voluntary / Mandatory Provision?

Introduction

1. Section 9 of the Arbitration and Conciliation Act, 1996 ("Act") deals with interim measures granted by a court before or during arbitral proceedings or at any time after the making of the arbitral award but prior to enforcement thereof. While the statute clearly lays down that any protection granted to both parties is for an interim period, some parties having obtained the said order do not invoke arbitration which leads to a peculiar situation whereby while parties are protected by interim relief for months / years, final adjudication of rights and obligations remain pending between parties. The same is also bound to affect one party in an unfair manner and alter the balance of convenience which cannot be permitted.