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Interim Relief Under Section 9 of the Arbitration Act Explained

I. INTERIM RELIEF UNDER SECTION 9: WHAT DOES IT MEAN?

Section 9 of the Arbitration and Conciliation Act, 1996 allows a party to seek interim relief from a court before or during arbitration, and in certain circumstances even after an arbitral award but before it is enforced. The purpose is not to decide the underlying dispute but to protect the subject matter, assets, evidence, or other interests until the arbitration process can effectively operate.

For example, if one party fears that disputed assets may be transferred, property may be damaged, or the subject matter of the arbitration may be dealt with in a way that defeats the eventual award, a Section 9 application may provide a route for urgent court protection.

II. WHAT IS SECTION 9 OF THE ARBITRATION ACT?

Section 9 of the Arbitration and Conciliation Act, 1996 gives courts the power to grant specified interim measures of protection in connection with arbitration.

A party can approach the court:

• Before arbitral proceedings begin
• During arbitral proceedings
• After an arbitral award but before it is enforced under Section 36

The provision covers several forms of protection, including preservation of goods or property, securing the amount in dispute, injunctions and appointment of a receiver.

The important point is that Section 9 is protective, not a substitute for arbitration. The court is generally being asked to prevent the situation from becoming irreversible while the arbitral process continues.

III. WHAT INTERIM MEASURES CAN A COURT GRANT UNDER SECTION 9?

Section 9 specifically allows courts to consider several types of interim protection.

1. Preservation or custody of goods

Where goods are the subject matter of the arbitration, the court may order their preservation, interim custody or sale in appropriate circumstances.

2. Securing the amount in dispute

A court may grant protection aimed at securing the amount involved in the arbitration where the circumstances justify such relief.

3. Preservation or inspection of property

The court may order the detention, preservation or inspection of property or other things connected with the dispute. It may also authorise steps such as entry onto land or buildings, taking samples or making observations where necessary to obtain relevant information or evidence.

4. Interim injunction or receiver

Section 9 expressly permits the court to grant an interim injunction or appoint a receiver.

This can become important where immediate court intervention is necessary to prevent assets or property connected with the dispute from being dealt with improperly.

5. Other appropriate protective measures

The court may also grant another interim measure that appears to be just and convenient, depending on the facts of the case.

IV. CAN YOU SEEK INTERIM RELIEF BEFORE ARBITRATION STARTS?

Yes.

This is one of the most useful features of Section 9. A party does not necessarily have to wait until the arbitral tribunal is constituted before seeking urgent protection.

However, there is an important statutory requirement. If a court grants interim protection before arbitral proceedings have commenced, the arbitral proceedings must generally be commenced within 90 days from the date of the court's order, unless the court determines a further period.

This prevents Section 9 from being used as a standalone substitute for commencing arbitration.

V. WHAT HAPPENS ONCE THE ARBITRAL TRIBUNAL IS CONSTITUTED?

This is where Section 9 becomes more limited.

Under Section 9(3), once the arbitral tribunal has been constituted, the court should not entertain a Section 9 application unless circumstances exist that may make the remedy under Section 17 ineffective.

The distinction matters because Section 17 gives the arbitral tribunal its own power to grant interim measures.

The Supreme Court considered this issue in ArcelorMittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd. The Court explained that the existence of an arbitral tribunal does not completely remove the court's jurisdiction under Section 9. The relevant question is whether the remedy available under Section 17 is efficacious in the circumstances.

VI. SECTION 9 VS SECTION 17: WHAT IS THE DIFFERENCE?

Both provisions deal with interim protection, but the authority granting the relief is different.

The practical lesson is simple: Section 9 should not automatically be the first choice after the tribunal has been constituted. The party should consider whether the tribunal can provide effective protection under Section 17.

VII. WHEN IS A SECTION 9 APPLICATION APPROPRIATE?

A Section 9 application may be relevant when there is a genuine need for immediate protection.

Typical situations can include:

• Risk of disposal or deterioration of disputed property
• Need to preserve goods connected with the arbitration
• Risk to assets relevant to enforcement
• Need for an interim injunction
• Need for appointment of a receiver
• Need to preserve evidence or inspect property
• Circumstances where waiting for ordinary arbitral relief could cause serious prejudice

The exact relief depends on the facts. Simply having an arbitration clause does not mean every request for interim protection will succeed.

VIII. A PRACTICAL EXAMPLE OF SECTION 9 RELIEF

Suppose Company A and Company B have an arbitration agreement concerning ownership and control of specialised machinery.

Company A alleges that Company B is preparing to sell the machinery to a third party before the dispute is resolved.

If the arbitration has not yet commenced, Company A may consider approaching the court under Section 9 seeking appropriate interim protection over the machinery.

The court would consider the circumstances and the nature of protection sought. If relief is granted before arbitration begins, the arbitration would generally need to commence within the statutory period.

The purpose is not to decide who ultimately owns the machinery. It is to prevent the dispute from becoming practically impossible to resolve.

IX. WHAT ARE THE COMMON MISTAKES IN SECTION 9 APPLICATIONS?

Treating Section 9 as a substitute for arbitration

Section 9 is designed to protect rights and the subject matter of a dispute. It is not meant to replace the arbitral process.

Filing after the tribunal is constituted without considering Section 17

Once the tribunal exists, the applicant should consider whether the tribunal can provide effective interim protection.

Asking for relief without showing urgency

Interim relief generally requires a convincing reason why protection is needed before the dispute is finally resolved.

Focusing only on the contractual dispute

The court is not deciding the entire arbitration merely because a Section 9 petition has been filed. The applicant should clearly explain the immediate risk and the specific protection required.

X. CAN SECTION 9 BE USED AFTER AN ARBITRAL AWARD?

Yes, but the timing matters.

Section 9 expressly permits an application after the arbitral award has been made but before it is enforced in accordance with Section 36.

This can be relevant where interim protection is necessary during the period between the award and its enforcement.

XI. WHAT SHOULD YOU CHECK BEFORE FILING A SECTION 9 APPLICATION?

A party considering interim relief should first assess:

1. Is there a valid arbitration agreement?
2. Has arbitration already commenced?
3. Has the arbitral tribunal been constituted?
4. If the tribunal exists, can Section 17 provide effective relief?
5. What immediate harm needs to be prevented?
6. What specific interim order is being requested?
7. What evidence supports the urgency?
8. If relief is sought before arbitration, is the party ready to commence arbitration within the required period?

This preliminary assessment can help avoid approaching the court with an unnecessarily broad or poorly supported request.

XII. HOW DOES SECTION 9 FIT INTO COURT INTERVENTION IN ARBITRATION?

Indian arbitration law attempts to balance two interests: allowing courts to provide necessary protection while preventing unnecessary judicial interference with arbitral proceedings.

If you want to understand the broader issue of when Indian courts can intervene in arbitration, see our related guide on when Indian courts can intervene in arbitration proceedings.

Emergency arbitration raises a separate question about the nature and enforceability of urgent interim orders. This is discussed in greater detail in our guide on emergency arbitrators and the enforceability of their orders in India.

XIII. FREQUENTLY ASKED QUESTIONS

Is Section 9 available before arbitration begins?

Yes. Section 9 expressly permits a party to seek interim measures before arbitral proceedings commence. If the court grants protection before commencement, arbitration generally has to be commenced within 90 days unless the court allows a further period.

Can a Section 9 application be filed after the arbitral tribunal is constituted?

Yes, but Section 9(3) places an important limitation. The court should not entertain the application unless circumstances exist that may make the remedy under Section 17 ineffective.

What is the difference between Section 9 and Section 17?

Section 9 allows a party to seek interim protection from a court, while Section 17 allows the arbitral tribunal to grant interim measures during the arbitration.

Can a court grant an injunction under Section 9?

Yes. An interim injunction is expressly included among the protective measures that may be granted under Section 9.

Does filing a Section 9 petition decide the arbitration dispute?

No. The purpose of Section 9 is interim protection. The underlying contractual or legal dispute generally remains for determination through the agreed dispute-resolution process.

XIV. KEY TAKEAWAYS

• Section 9 of the Arbitration and Conciliation Act, 1996 allows courts to grant interim protection in connection with arbitration.
• Relief can be sought before or during arbitration and, in certain circumstances, after an award but before enforcement.
• Possible measures include preservation of property, securing disputed amounts, injunctions and appointment of a receiver.
• Before arbitration begins, a party receiving interim protection generally needs to commence arbitration within 90 days, subject to the court allowing additional time.
• Once the arbitral tribunal is constituted, Section 17 becomes particularly important, and Section 9 may be restricted where the tribunal can provide an effective remedy.
• The strongest Section 9 applications identify a specific immediate risk and seek protection proportionate to that risk.

The central question is therefore not simply "Can I file under Section 9?" It is "What protection is needed, why is it urgent, and is the court or arbitral tribunal the appropriate forum at this stage?"