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Section 9, Arbitration & Conciliation Act 1996: Interim Measures, Etc., By Court

Section 9 (Interim measures, etc., by Courtis under Chapter II (Arbitration agreement) of the Part I (Arbitration) of the Arbitration and Conciliation Act, 1996.

The contents of the section  is reproduced hereunder:—

“(1) A party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court—

 (i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or

 (ii) for an interim measure of protection in respect of any of the following matters, namely:—
    (a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;
    (b) securing the amount in dispute in the arbitration;
    (c) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
    (d) interim injunction or the appointment of a receiver;
    (e) such other interim measure of protection as may appear to the Court to be just and convenient,

and the Court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it.

(2) Where, before the commencement of the arbitral proceedings, a Court passes an order for any interim measure of protection under sub-section (1), the arbitral proceedings shall be commenced within a period of ninety days from the date of such order or within such further time as the Court may determine.

(3) Once the arbitral tribunal has been constituted, the Court shall not entertain an application under sub-section (1), unless the Court finds that circumstances exist which may not render the remedy provided under section 17 efficacious.”

Extra Notes for Readers

(1) Section 9 was amended by the Arbitration and Conciliation (Amendment) Act, 2015 (w.e.f. 23 Oct 2015), as follows:

 i. Section 9 was renumbered as sub-section (1) thereof;

 ii. Sub-sections (2) and (3) were newly inserted.

This page was last updated on 31st December, 2017.

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