Vol. 3, Issue 2 (2017)
Interim measures by court and arbitral tribunal under arbitration and conciliation act, 1996: An Overview
Author(s): Mohamed Ibrahim A, Surthy Sowrnam S
Abstract: ADR has four facets to commend it: Speed, Finality, Cheapness and Justice. Arbitration process starts when parties to agreement fail to amicably resolve their disputes or differences and aggrieved party issues a notice for referring the dispute/claim to the arbitrator. A plain reading of the Section 9 indicates that a party may before or during the arbitral proceedings or at any time after making of the arbitral award but before it is enforced in accordance with Section 36, may apply, to the Court for interim measures of protection. Section 9 is available even before the commencement of the arbitration. It need not be preceded by the issuing of notice invoking the arbitration clause. This is in contrast to the power given to the arbitrators who can exercise the power u/s 17 only during the currency of the tribunal. Once the mandate of the arbitral tribunal terminates, Section 17 cannot be pressed into service. This paper analyse the concept of interim measures by Court and Arbitral Tribunal under the Arbitration and Conciliation Act.