Description

Readymade Format for Section 9 of Arbitartion & Conciliation Act for Interim Relief.

What is Section 9 of Arbitartion & Conciliation Act is?

Section 9 of the Arbitration and Conciliation Act, 1996, serves as a pivotal provision that empowers parties to arbitration agreements to seek interim measures from the judicial authority. This provision acknowledges the practical necessity for parties engaged in arbitration to secure timely and effective relief pending the resolution of the substantive dispute.

Under Section 9, a party to an arbitration agreement may approach the appropriate court for interim measures, such as the grant of an injunction or the preservation of property, to safeguard its rights and interests during the pendency of the arbitration proceedings. This application for interim relief is particularly crucial when the circumstances necessitate urgent judicial intervention to prevent irreparable harm or injustice.

The court, upon receiving a Section 9 application, is vested with discretionary powers to grant interim measures it deems fit, having regard to the facts and circumstances of the case. In exercising this discretion, the court considers the prima facie merits of the dispute, the urgency of the situation, and the overall equities involved.

It is imperative to note that Section 9 is not a substitute for the arbitration proceedings themselves, but rather a complementary mechanism to address exigent issues that may arise before the arbitral tribunal renders a final award. The courts, while entertaining Section 9 applications, play a supervisory role to ensure the efficacy of the arbitration process and to prevent abuse or injustice.

Furthermore, Section 9 reinforces the pro-arbitration stance of the legislative framework by endorsing the principle of minimal judicial interference. The provision harmonizes the need for expeditious relief with the overarching objective of facilitating an efficient and impartial arbitration process.

In summary, Section 9 of the Arbitration and Conciliation Act stands as a crucial tool in the arsenal of parties engaged in arbitration, enabling them to approach the judiciary for interim measures essential for the preservation of rights and the fair conduct of arbitration proceedings. Its nuanced application requires a judicious understanding of both the legal nuances and the practical exigencies of each case.