Arbitration and Conciliation Act, 1996
Section 9 of Arbitration Act: Interim Measures by Court
Section 9 of the Arbitration and Conciliation Act, 1996 empowers a Court to grant specified interim measures before or during arbitral proceedings and, in certain circumstances, after an arbitral award is made but before it is enforced under Section 36.
Section 9 - Interim Measures, Etc., by Court
(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.
Amendment note: Section 9 was renumbered as sub-section (1), and sub-sections (2) and (3) were inserted by the Arbitration and Conciliation (Amendment) Act, 2015, with effect from 23-10-2015.
When Can a Party Apply Under Section 9?
Types of Interim Measures Available Under Section 9
Section 9 expressly identifies several forms of interim protection. These include appointment of a guardian for a minor or person of unsound mind, preservation or interim custody of goods, sale of goods that are the subject matter of the arbitration agreement, securing the amount in dispute, inspection or preservation of property, interim injunctions and appointment of receivers.
The Court may also grant such other interim measure of protection as appears to be just and convenient.
90-Day Rule Where Interim Relief Is Granted Before Arbitration
Section 9(2) applies where the Court grants interim protection before the arbitral proceedings have commenced. In that situation, the arbitral proceedings must be commenced within ninety days from the date of the Court's order, unless the Court allows a further period.
This rule links pre-arbitration interim relief to actual commencement of the arbitral process and discourages a party from obtaining protective relief without proceeding to arbitration.
Section 9 After Constitution of the Arbitral Tribunal
Section 9(3) changes the position once the arbitral tribunal has been constituted. At that stage, the Court shall not entertain a Section 9(1) application unless it finds that circumstances exist which may not render the remedy under Section 17 efficacious.
Section 17 empowers the arbitral tribunal to order interim measures during arbitral proceedings. Section 9(3) therefore gives priority to the tribunal's interim-remedy mechanism after constitution of the tribunal, while preserving recourse to the Court where the Section 17 remedy would not be effective in the circumstances.
Powers of the Court Under Section 9
Section 9(1)(ii)(e) states that the Court has the same power for making interim orders as it has for the purpose of, and in relation to, proceedings before it. This enables the Court to fashion appropriate protective orders within the statutory framework.
The precise relief depends on the facts, the arbitration agreement, the nature of the property or rights requiring protection, the stage of the arbitration and the legal standards applicable to the requested interim measure.
Relationship With Section 36
Section 9 permits an application after an arbitral award has been made only until the award is enforced in accordance with Section 36. The post-award jurisdiction under Section 9 is therefore linked to the period before enforcement is completed.
This enables a party to seek protection where necessary to preserve the practical value of the award pending enforcement.
Official Sources
The official text and amendment materials for the Arbitration and Conciliation Act, 1996 are available through the Government of India's legislative repositories.