Download This PaperComparative Analysis of Interim Injunctions under Section 9 and Section 17 under Indian Arbitration and Conciliation Act, 1996
Gujarat Law Reports (2020)
12 Pages Posted: 8 Apr 2020 Last revised: 13 Apr 2020
Date Written: March 14, 2020
Abstract
When a cause of action for seeking relief under section 9 has arisen at the pre-reference stage, and the relief under section 9 has been resorted to, the same can be continued or litigant can be asked to seek such a relief after the arbitral tribunal is duly constituted. However when a cause of action for seeking interim relief under section 9 is existing at the stage of pre-reference period, failure to invoke the said provision until and after the Constitution of arbitral tribunal shall have material bearing on the exercise of discretion by the tribunal in absence of any de novo cause of action.
The Remedy of Section 17 (1) (ii) b of Arbitration and Conciliation Act,1996 is a drastic measure required to be directed in rarest of rare cases and only upon established proof that assets are likely to be dissipated with a motive to defeat the claims and that the award will be rendered inexecutable.
Keywords: Arbitration, UNCITRAL, injunction, international commercial arbitration, contract, civil procedure
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