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VOL. 11, ISSUE 10 (2025)
Simplification of section 17 and 31(6) of the A&C Act- Interim award and order
Authors
M Prakash George
Abstract
Arbitration is one of the oldest technique
followed in India and is emerged in new form for dispute resolution system.
Just as in civil procedure code temporary injunction in arbitration process too
interim measures are required depending upon the case to case basis. Its not
necessary that every time one has to go to court for asking interim relief by
the parties and thus increasing the court interference more in the arbitral
proceedings. Section 17 speaks of the interim order where the parties can ask the
tribunal for passing interim award during the proceedings of the arbitration
process. This has also made when there is no existence of arbitral tribunal
i.e. when there is an appointment of emergency arbitration. The tribunal has to
see that there is a prima facie case, there is balance of convenience and there
is an irreparable loss to the party while claiming the interim relief. The
tribunal has to use its discretion power and mind before granting the award as
it should be in conformity with section 31(6) and should not in deviance with
the final award. Section 17 mentions about the areas where the interim award
can be asked by the parties and how this should be processed by the tribunal
which is mentioned in section 31(6).
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Pages:161-164
How to cite this article:
M Prakash George "Simplification of section 17 and 31(6) of the A&C Act- Interim award and order". International Journal of Law, Vol 11, Issue 10, 2025, Pages 161-164
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