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Quick Answer
Section 9 Arbitration Act provides for court-ordered interim measures to support arbitration. Reliefs include: appointment of guardian; preservation of subject matter; sale of perishable goods; injunctions; appointment of receiver; security for amount in dispute; interim measures on the merits. Once the arbitral tribunal is constituted, parties typically seek interim measures from the tribunal (Section 17), but courts retain Section 9 jurisdiction under specific conditions. Section 9 applications are filed before the Commercial Division of the High Court for international commercial arbitration, and before the Commercial Court for domestic arbitration.
Statutory reference
Section 9 Arbitration Act 1996
Section 9 is the emergency room of arbitration: it is used before the tribunal exists, when assets are moving and the clause alone protects nothing. Typical asks — restraint on alienating the disputed asset, security for the amount in dispute, preservation of stock or records, appointment of a receiver. The court applies the standard injunction trilogy (prima facie case, balance of convenience, irreparable injury), and bank-guarantee encashment is restrained only on the narrow grounds of fraud or irretrievable injustice. Two timing rules matter: once interim relief is granted before arbitration, arbitral proceedings must be commenced within 90 days, and once the tribunal is constituted, Section 9(3) sends parties to the tribunal under Section 17 unless that remedy would be inefficacious. Filed strategically, a Section 9 order often produces the settlement the arbitration would otherwise take a year to force.
Worked example
A Gurgaon contractor with ₹90 lakh in certified-but-unpaid bills learns the developer is negotiating to sell the only unencumbered floor of the project — its effective recovery pool — while invoking arbitration is still weeks away. A Section 9 petition before the commercial court seeks security for the claim; the court restrains alienation of the floor pending arbitration and directs the developer to disclose encumbrances. The contractor serves its notice of arbitration within the 90-day window, and the tribunal, once constituted, continues the protection under Section 17. When the award later comes, there is still an asset left to execute against — the entire value of the case preserved by the first fortnight's filing.
Related practice areas
Provision in the Arbitration and Conciliation Act 1996 allowing courts to grant interim measures (asset preservation, status-quo, security) before or during arbitration proceedings.
Section 9 Arbitration Act is governed by Section 9 Arbitration Act 1996. Section 9 Arbitration Act provides for court-ordered interim measures to support arbitration. Reliefs include: appointment of guardian; preservation of subject matter; sale of perishable goods; injunctions; appointment of receiver; security for amount in dispute; interim measures on the merits. Once the arbitral tribunal is constituted, parties typically seek interim measures from the tribunal (Section 17), but courts retain Section 9 jurisdiction under specific conditions. Section 9 applications are filed before the Commercial Division of the High Court for international commercial arbitration, and before the Commercial Court for domestic arbitration.
Section 9 Arbitration Act falls under Arbitration & ADR, Civil Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
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