Unsuccessful Party In Arbitration Can Invoke Section 9 At The Post-Award Stage: Supreme Court

Introduction

In Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi [2026 INSC 415], the Supreme Court considered whether a party which has lost in arbitration, and therefore has no enforceable award in its favour, can maintain an application under Section 9 of the Arbitration and Conciliation Act, 1996 at the post-award stage.

The Supreme Court held that an unsuccessful party is not barred from invoking Section 9 after the award has been rendered but before its enforcement. The Supreme Court clarified that Section 9 uses the expression "a party", which means a party to an arbitration agreement, and the statute does not confine the remedy only to an award-holder.

At the same time, the Supreme Court cautioned that the threshold for grant of interim relief to an unsuccessful party would be higher. Such relief would be granted only in rare and compelling cases, after applying the settled tests of prima facie case, balance of convenience and irreparable harm.