Law4u - Made in India

Can arbitrators issue interim measures or injunctions in India?

01-Jul-2024
Arbitration

Answer By law4u team

Yes, arbitrators in India have the authority to issue interim measures or injunctions. This power is provided under the Arbitration and Conciliation Act, 1996, as amended. Key Provisions: Section 17: This section empowers an arbitral tribunal to order interim measures during the arbitral proceedings. The tribunal can issue orders to: Preserve assets relevant to the dispute. Secure the amount in dispute. Preserve evidence that may be relevant and material to the resolution of the dispute. Provide interim custody or sale of goods that are the subject matter of the arbitration. Provide other interim measures of protection as may appear necessary. Section 9: This section allows parties to approach a court for interim measures before, during, or after the arbitral proceedings. The court can order interim measures such as: Preservation, interim custody, or sale of goods. Securing the amount in dispute. Detention, preservation, or inspection of any property or thing. Interim injunction or appointment of a receiver. Any other interim measure of protection that may appear just and convenient. Key Points: Enforceability: Orders issued by an arbitral tribunal under Section 17 are enforceable as if they were orders of a court. Role of Courts: While arbitral tribunals can issue interim measures, parties often approach courts under Section 9 for similar relief, especially before the constitution of the tribunal or when immediate intervention is needed. Arbitrators’ powers to issue interim measures enhance the effectiveness of arbitration by providing necessary protections during the pendency of the arbitration proceedings.

Arbitration Verified Advocates

Get expert legal advice instantly.

Advocate B Raghuramsingh

Advocate B Raghuramsingh

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Insurance, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate

Get Advice
Advocate Anil Aggarwal

Advocate Anil Aggarwal

Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Property, R.T.I, Recovery, Succession Certificate, Revenue, Motor Accident, Wills Trusts

Get Advice
Advocate Mohammad Zaki Alam

Advocate Mohammad Zaki Alam

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate S R Jena

Advocate S R Jena

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Jaikishen Kumtekar

Advocate Jaikishen Kumtekar

Arbitration, Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Court Marriage, Divorce, Domestic Violence, High Court, Labour & Service, Landlord & Tenant, Muslim Law, Property, Recovery, R.T.I, RERA, Succession Certificate, Supreme Court

Get Advice
Advocate K Shanmukha Srikanth

Advocate K Shanmukha Srikanth

Arbitration, Cheque Bounce, Consumer Court, Civil, Family, Domestic Violence, Tax, Trademark & Copyright, Succession Certificate, Wills Trusts, Criminal, Corporate, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Court Marriage, Documentation, Divorce, High Court, Insurance, Landlord & Tenant, Labour & Service, Medical Negligence, Motor Accident, RERA, Property

Get Advice
Advocate Nandu Khaire

Advocate Nandu Khaire

Anticipatory Bail, Arbitration, Banking & Finance, Bankruptcy & Insolvency, Cheque Bounce, Court Marriage, Child Custody, Civil, Breach of Contract, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Muslim Law, Motor Accident, Medical Negligence, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Property

Get Advice
Advocate Jannu Anand Kumar

Advocate Jannu Anand Kumar

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Immigration, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Rajan Kanoujia

Advocate Rajan Kanoujia

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Patent, R.T.I, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Mohit Singh Rajput

Advocate Mohit Singh Rajput

Anticipatory Bail, Civil, Criminal, Family, High Court, Consumer Court, Cheque Bounce, Court Marriage, Child Custody, Cyber Crime, Domestic Violence, Insurance, Medical Negligence, R.T.I, Property, Recovery, RERA, NCLT, Landlord & Tenant, Divorce, Documentation, Breach of Contract, Arbitration, Armed Forces Tribunal, Banking & Finance

Get Advice

Arbitration Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.