VIDHIGYA: The Journal of Legal Awareness
  • Year: 2018
  • Volume: 13
  • Issue: 1and2

Interim reliefs in arbitral proceedings under arbitration and conciliation act, 1996

Online published on 20 May, 2022.

Abstract

Four facets command Alternate Dispute Resolution i.e. speed, affordability, egalitarianism and finality. The process of arbitration begins once the parties to agreement fail to amicably resolve their disputes and the aggrieved party gives a notice for referring the dispute to the arbitrator. A bare reading of the Section 9 shows that a party may plead in the Court for interim relief before or during the arbitration process or at any time after the final pronouncement of the arbitral award but before its enforcement under Section 36. Relief under Section 9 is available even before issuing of notice invoking the arbitration clause. This is in distinction to the power given to the Arbitral Tribunal u/s 17 which can exercise the power only during the pendency of proceedings, Section 17 cannot be invoked after the pronouncement of final order by the Arbitral Tribunal.

Keywords

Alternate, interim, awards, relief, arbitration, penalty