INTERIM RELIEF IN ARBITRAL PROCEEDINGS: POWERPLAY BETWEEN COURTS AND TRIBUNALS

Gargi Mishra

doi:10.55662/

Authors

Gargi Mishra 3rd Year BA LLB(H) Student, Amity Law School Noida, Uttar Pradesh, India Author

Downloads

PDF

PlumX DOI based Article Level Metrics

DOI:

https://doi.org/10.55662/

Keywords:

Arbitration, interim measure, Court, Arbitral tribunal, Section 9, amendments, enforceability

Abstract

The Indian Judicial system is struggling to provide timely delivery of justice due to the enormous number of pending cases in the court. Hence, to adjudicate or settle the disputes expeditiously, the need for Alternative dispute resolution mechanisms is seen in our country. Arbitration being one such mechanism is gaining more and more recognition in modern times. The autonomy and flexibility to choose the arbitrator, the place of arbitration, and the guarantee of privacy and confidentiality, as opposed to the court proceedings, lead the people to go for arbitration instead. However, even after such independence sometimes the parties may seek the intervention of the courts to secure interim measures till the final award is rendered. The interim measure is given to protect the subject matter of the suit. Interim measures are sought because many times the parties engage in tactics that may lead to delay in proceedings or other unwanted outcomes. Hence these interim measures prove to be a protective shield for a party’s rights between the periods from which the dispute arose till the time the final award is made. In India the Arbitration and Conciliation Act, 1996 provides for interim measures under Section 9 by courts and Section 17 by arbitral tribunals respectively.

External References to this Article

Loading reference data...

License Terms

Ownership and Licensing:

Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.

License Permissions:

Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.

Additional Distribution Arrangements:

Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.

Online Posting:

Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.

Responsibility and Liability:

Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.