Can I get urgent interim relief from a court before or during arbitration?

Question

I fear the other party will dispose of assets or breach the contract before my arbitration proceedings even begin. I want to know if I can approach a court urgently. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can I get urgent interim relief from a court before or during arbitration? is governed in India primarily by Arbitration and Conciliation Act 1996, Section 9, Arbitration and Conciliation Act 1996, Section 17 and Arbitration and Conciliation Act 1996, Section 9(3). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 9 empowers a party to approach a competent court for interim measures of protection, such as securing the amount in dispute, preserving property, or granting an interim injunction, before, during or after arbitral proceedings but before enforcement of the award.

Courts apply principles analogous to Order XXXIX of the Code of Civil Procedure, examining prima facie case, balance of convenience and irreparable harm before granting relief under Section 9.

Section 9(3), introduced by the 2015 amendment, restricts courts from entertaining a Section 9 application once the arbitral tribunal has been constituted, unless the court finds that remedy under Section 17 before the tribunal would not be efficacious.

Section 17 gives the arbitral tribunal itself the power to grant similar interim measures once constituted, and such tribunal orders are enforceable in the same manner as a court order under the Code of Civil Procedure.

A party granted interim relief under Section 9 before arbitration begins must commence arbitral proceedings within ninety days of the court's order, or such other time the court fixes, failing which the interim order can lapse.

What to do next: 1) File the Section 9 application before the court having jurisdiction over the seat as soon as urgency arises; 2) Support the application with clear evidence of prima facie case and imminent irreparable harm; 3) Invoke arbitration and constitute the tribunal within the time the court sets after interim relief is granted; 4) Approach the tribunal under Section 17 for further interim relief once it is constituted.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Arbitration and Conciliation Act 1996, Section 9 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.