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 Divyanshu Singh Suryavanshi

Advocate Divyanshu Singh Suryavanshi

Anticipatory Bail, High Court, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Armed Forces Tribunal, Child Custody, Banking & Finance, Cheque Bounce, Corporate, Civil, Court Marriage, Customs & Central Excise, Consumer Court, Cyber Crime, Divorce, Documentation, Criminal, Domestic Violence, Family, GST

Get Advice
Advocate Bishwajit Kumar Mandal

Advocate Bishwajit Kumar Mandal

Civil, Anticipatory Bail, Property, Motor Accident, Medical Negligence, Labour & Service, High Court, Criminal, Corporate, Consumer Court, Court Marriage, Cyber Crime, Insurance, Landlord & Tenant, Divorce, Cheque Bounce, Breach of Contract, Banking & Finance, Arbitration, GST

Get Advice
Advocate Aryaa Nitin Shirodkar

Advocate Aryaa Nitin Shirodkar

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Domestic Violence, Family, High Court, Labour & Service, Property, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Startup, Corporate, Criminal, Medical Negligence

Get Advice
Advocate Vrushali Salvi

Advocate Vrushali Salvi

Anticipatory Bail,Cheque Bounce,Consumer Court,Criminal,Divorce,Domestic Violence,Family,High Court,Succession Certificate,RERA,Recovery,Arbitration,

Get Advice
Advocate Kunal Pawar

Advocate Kunal Pawar

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

Get Advice
Advocate Kalimuthu

Advocate Kalimuthu

Divorce, Family, Domestic Violence, Motor Accident, Arbitration, Civil

Get Advice
Advocate Sanjeev Kumar Chagti

Advocate Sanjeev Kumar Chagti

Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Shivakumar Tarigoppula

Advocate Shivakumar Tarigoppula

Arbitration, Civil, Corporate, Criminal, Family

Get Advice
Advocate Vedmani Tiwari

Advocate Vedmani Tiwari

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Bankruptcy & Insolvency, Child Custody, Corporate, Consumer Court, Civil, Court Marriage, Customs & Central Excise, Criminal, Domestic Violence, Divorce, GST, Documentation, High Court, Family, Immigration, Insurance, International Law, Labour & Service, Media and Entertainment, NCLT, Property

Get Advice
Advocate Ajay Chawla

Advocate Ajay Chawla

Arbitration, Consumer Court, Civil, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Bankruptcy & Insolvency, Domestic Violence, Documentation, Court Marriage, Corporate, Family, NCLT, Trademark & Copyright, Wills Trusts, Revenue, Patent, Property, Recovery, Succession Certificate, Medical Negligence, Landlord & Tenant, Labour & Service, Insurance, Cyber Crime, Divorce, Criminal

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.