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 Satyabrata Samal

Advocate Satyabrata Samal

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, Documentation, Domestic Violence, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, R.T.I, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Divorce, Family, Property, Recovery

Get Advice
Advocate Hemant Tandi

Advocate Hemant Tandi

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, Medical Negligence, Motor Accident, Muslim Law, Property, Supreme Court, Revenue, Cyber Crime, High Court, Banking & Finance, Arbitration

Get Advice
Advocate Aakash Kumar Mishra

Advocate Aakash Kumar Mishra

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

Get Advice
Advocate Kanun Rabadia

Advocate Kanun Rabadia

Arbitration, Cheque Bounce, Breach of Contract, Landlord & Tenant, Consumer Court, Civil, Recovery, Wills Trusts, Property, Documentation, Corporate, Labour & Service, Insurance

Get Advice
Advocate Soaham Panse

Advocate Soaham Panse

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Medical Negligence, Muslim Law, NCLT, Property, Recovery, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Santosh A Varma

Advocate Santosh A Varma

Cheque Bounce, Criminal, Divorce, Family, Succession Certificate, Cyber Crime, Domestic Violence, Documentation, Banking & Finance, Bankruptcy & Insolvency, Breach of Contract, Consumer Court, Civil, Court Marriage, Insurance, Landlord & Tenant, Muslim Law, Motor Accident, Medical Negligence, Property, Recovery, Anticipatory Bail, Arbitration

Get Advice
Advocate Tapas Kumar Patra

Advocate Tapas Kumar Patra

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Corporate,Criminal,Cyber Crime,Divorce,Tax,

Get Advice
Advocate Amit Kumar Upadhyay

Advocate Amit Kumar Upadhyay

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Documentation, Divorce, GST, Family, High Court, Labour & Service, Domestic Violence, Medical Negligence, Motor Accident, Muslim Law, Landlord & Tenant, Property, R.T.I, Recovery, RERA, Succession Certificate, Revenue, Wills Trusts

Get Advice
Advocate Vaibhav Kumar Vishwakarma

Advocate Vaibhav Kumar Vishwakarma

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, R.T.I

Get Advice
Advocate Yash Sharma

Advocate Yash Sharma

Anticipatory Bail, Arbitration, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, Labour & Service, Motor Accident, Startup, Tax, Trademark & Copyright, Documentation, GST

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.