Section 9 Arbitration Act: Interim measures, etc., by Court

Section 9 of Arbitration and Conciliation Act, 1996: Interim measures

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arbitration Sec 2(1)(a) Arbitration Agreement Sec 7 Arbitral Tribunal Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 9

Emergency judicial protection and asset preservation fall within the supervisory jurisdiction of civil courts under Section 9, which authorizes interim protective relief before arbitral commencement, during proceedings, or post-award prior to enforcement.

Statutory Commencement & Effective Date: Following the 2015 amendment, Section 9(2) mandates that if interim relief is granted prior to the commencement of arbitral proceedings, arbitral proceedings must be commenced within 90 days.
Appellate & Judicial Remedies: Furthermore, under Section 9(3), once the arbitral tribunal has been constituted, the court shall not entertain an application under Section 9 unless it finds that circumstances exist which may not render the remedy under Section 17 efficacious.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:

ArcelorMittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd. (2022) 1 SCC 712: The Supreme Court held that once the court has applied its mind and entertained a Section 9 petition prior to the constitution of the arbitral tribunal, it is not required to relegate the parties to Section 17 merely because the tribunal was constituted during the pendency of the hearing.
Firm Ashok Traders v. Gurumukh Das Saluja (2004) 3 SCC 155: Held that the right to seek interim relief under Section 9 before arbitration is contingent on the party's manifest intention to take prompt steps to invoke arbitration.
Essar House Pvt. Ltd. v. Arcellor Mittal Nippon Steel India Ltd. (2022) SCC OnLine SC 1219: Held that while the principles of Order 38 Rule 5 and Order 39 of the CPC guide Section 9, technical procedural fetters cannot override the court's power to secure the ends of justice in commercial disputes.

Legal Commentary:

Section 9 provides vital emergency judicial assistance to prevent the dissipation of assets or destruction of subject-matter before an arbitral tribunal is formed. Once constituted, Section 9(3) properly establishes the primacy of the arbitral tribunal under Section 17, preventing parallel judicial applications.

Section 9: Interim measures, etc., by Court

Section 9 of Arbitration and Conciliation Act, 1996: Interim measures

Legal Commentary & Landmark Judgments: Section 9