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What are the provisions and procedures of interim measures in Arbitration

proceedings in India? Discuss in detail with case laws.

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What are the provisions and procedures of interim measures in Arbitration proceedings in
India? Discuss in detail with case laws.
Introduction

Alternative Dispute Resolution (ADR) has gained significant traction in India as a

preferred method for resolving disputes efficiently outside the traditional court system. Among
various forms of ADR, Arbitration is widely used due to its flexibility and neutrality. In the
context of Arbitration proceedings, interim measures play a crucial role in ensuring that parties
maintain their rights and interests during the arbitration process. These measures are essential for
preserving evidence, preventing irreparable harm, or securing assets pending the final resolution
of the dispute.

Provisions of Interim Measures in Arbitration Proceedings in India

Section 9 of the Arbitration and Conciliation Act, 1996, lays down provisions for interim
measures in Indian arbitration proceedings. This section empowers parties to seek interim relief
from either arbitral tribunals or courts to safeguard their rights before a final award is rendered.
The Act provides a broad framework allowing for various types of interim measures such as
injunctions to restrain certain actions, appointment of receivers to manage property or assets in
dispute, preservation of evidence, and security for costs.

Procedures for Seeking Interim Measures in Arbitration Proceedings

The procedure for seeking interim measures involves an application by one party
requesting specific relief supported by relevant documents and arguments. Typically, parties
need to demonstrate urgency and irreparable harm to justify the need for interim relief. The
arbitral tribunal plays a pivotal role in considering these applications promptly and effectively. If
the tribunal is unable to grant the desired relief or if circumstances warrant immediate action,
parties can approach Indian courts for interim measures.

Case Laws on Interim Measures in Indian Arbitration

Several landmark cases have shaped the interpretation and application of interim
measures in Indian arbitration proceedings. In "M.S.Menon v Waterfront Constructions Pvt Ltd,"
the Supreme Court emphasized that Section 17 grants arbitral tribunals wide discretion to issue
necessary orders including granting interim relief. Additionally, "Raffles Design International
India Pvt Ltd v Educomp Professional Education Ltd" highlighted that courts can intervene even
after an award is passed if there are grounds necessitating urgent intervention.

Comparison with International Standards

India's approach to interim measures aligns with international arbitration practices

outlined by institutions like UNCITRAL Model Law and ICC Rules on Emergency Arbitrator
Relief. However, some unique aspects exist under Indian law such as broader powers granted to
courts under Section 9 compared to certain jurisdictions where tribunals have exclusive authority
over granting interim relief.
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Practical Implications and Challenges

The effective use of interim measures significantly impacts the outcome of arbitration
proceedings by maintaining status quo or preventing irreversible damage until final resolution is
achieved. However, challenges arise during enforcement or setting aside of orders due to
potential delays or reluctance from parties bound by such decisions.

Conclusion

In conclusion, understanding provisions and procedures related to interim measures is

vital for successful arbitration proceedings in India. By analyzing case laws, comparing practices
with international standards...
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References
I. Bantekas. “Court-Ordered Interim Measures in International Arbitration: A Comparative
Approach.” Journal of Law and Commerce, 2023, https://doi.org/10.5195/jlc.2023.257.

Anugbum Onuoha. “Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration
and Conciliation Act.” Science, Technology & Public Policy, 2021,
https://doi.org/10.11648/J.STPP.20210501.12.

V. Pravda. Particularities of International Commercial Arbitration in the Russian Federation

with an Insight to the Issue of Interim Measures. 2020, pp. 95–115,
https://doi.org/10.31262/1339-5467/2020/8/2/95-115.

P. Wójtowicz. Sport Arbitration and Interim Measures – a Swiss Glance. 2016, pp. 169–89,
https://doi.org/10.18276/AIS.2016.15-10.