Section 9 — Arbitration and Conciliation Act, 1996
Interim Relief from Court
When can a party approach court during arbitration? What relief is available? How did the 2015 amendment change Section 9? Complete guide.
Start Arbitration at Sandhee →What is Section 9?
Section 9 of the Arbitration and Conciliation Act, 1996 empowers courts to grant interim measures of protection in arbitration-related matters — to protect parties from irreparable harm or to preserve the subject matter of the dispute while arbitration proceeds.
It creates a critical safety net: even though arbitration is private, parties retain the right to seek urgent court intervention when needed to protect their interests during proceedings.
When Can You Apply Under Section 9?
Before Arbitration Begins
A party can apply for interim relief before formally commencing arbitration — to protect assets or evidence that may be at risk.
During Arbitration
Post 2015 amendment, courts will generally refer parties to the tribunal under Section 17 unless that remedy is not efficacious.
After Award, Before Enforcement
After the award has been passed but before it is enforced under Section 36 — to preserve the award's practical value.
Section 9 vs Section 17
Section 9 — Court
→Application to High Court or District Court
→Available before, during, after arbitration
→Post 2015 — generally unavailable once tribunal constituted if S.17 remedy available
→Emergency situations before arbitration commences
→Enforceable as court order
Section 17 — Tribunal
→Application to arbitral tribunal directly
→Available only during arbitration proceedings
→Post 2015 — orders are enforceable as court orders
→Faster — no court delay involved
→Preferred remedy once tribunal constituted
Need Interim Protection? Start Arbitration at Sandhee
Sandhee's arbitral tribunals can grant interim orders under Section 17, enforceable as court orders.
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