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 Dalpat Raj Parmar

Advocate Dalpat Raj Parmar

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, Domestic Violence, Family, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts, Revenue, High Court

Get Advice
Advocate Sudarshan Choudhary

Advocate Sudarshan Choudhary

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, NCLT, Patent, Property, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Abdul Wasim Khan

Advocate Abdul Wasim Khan

Arbitration, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Family, High Court, Media and Entertainment, Motor Accident, Supreme Court, Revenue, Banking & Finance, Consumer Court, Corporate, Domestic Violence

Get Advice
Advocate Mohd Haseeb Khan

Advocate Mohd Haseeb Khan

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Recovery, Trademark & Copyright

Get Advice
Advocate Tunish Kumar

Advocate Tunish Kumar

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Muslim Law, R.T.I, Succession Certificate

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 Sudheesh K

Advocate Sudheesh K

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

Get Advice
Advocate Mridul Jindal

Advocate Mridul Jindal

Arbitration, Anticipatory Bail, Cheque Bounce, Consumer Court, High Court

Get Advice
Advocate Vikas Satyal

Advocate Vikas Satyal

Arbitration, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, R.T.I

Get Advice
Advocate Pervaiz Ahmad

Advocate Pervaiz Ahmad

Civil, Criminal, Cheque Bounce, Breach of Contract, Anticipatory Bail, Arbitration, High Court, Documentation, Divorce, Labour & Service, Child Custody, Domestic Violence, Landlord & Tenant, Medical Negligence, Property, Motor Accident, Muslim Law, Recovery, Succession Certificate, Revenue

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.