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 Kurapati Abhilash

Advocate Kurapati Abhilash

Cheque Bounce,Civil,Criminal,Cyber Crime,GST,Tax,Arbitration,

Get Advice
Advocate Tarush Katarey

Advocate Tarush Katarey

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Documentation, NCLT, Patent, Property, Recovery, Startup, Trademark & Copyright

Get Advice
Advocate Namita Verma

Advocate Namita Verma

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

Get Advice
Advocate Raja Syamala Penmetsa

Advocate Raja Syamala Penmetsa

Civil, Consumer Court, Cheque Bounce, Divorce, Family, Criminal, Domestic Violence, Motor Accident, Medical Negligence, Succession Certificate, Supreme Court, RERA, Wills Trusts, Revenue, High Court, Arbitration, Anticipatory Bail

Get Advice
Advocate Ashwini Kumar

Advocate Ashwini Kumar

Civil, Arbitration, Anticipatory Bail, Criminal, Domestic Violence

Get Advice
Advocate Akash Khurcha

Advocate Akash Khurcha

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Property, Recovery, Trademark & Copyright

Get Advice
Advocate Karpagam Nithiyanantham

Advocate Karpagam Nithiyanantham

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

Get Advice
Advocate C Vikram Chandra

Advocate C Vikram Chandra

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Documentation, High Court, Insurance, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Abhilash Sinha

Advocate Abhilash Sinha

Anticipatory Bail, Arbitration, Banking & Finance, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family

Get Advice
Advocate Deepak Gupta

Advocate Deepak Gupta

Arbitration, Banking & Finance, High Court, Documentation, Landlord & Tenant, Motor Accident, Succession Certificate, Property, Tax

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.