Section 9 vs Section 17 Interim Relief in Arbitration

Arbitration can take time, and during that period, assets may be dissipated, goods disposed of, bank guarantees encashed, or property transferred. Understanding Section 9 vs Section 17 of the Arbitration Act is important when interim relief is needed to preserve the subject matter of the dispute and protect the parties’ rights until the proceedings are decided.

The Arbitration and Conciliation Act, 1996 provides two principal routes for interim measures in arbitration. Section 9 allows a party to seek interim relief from the court, while Section 17 enables the arbitral tribunal to grant interim measures. Since the 2015 amendments, the two provisions are closer in effect, but the appropriate route depends largely on the stage of the arbitration proceedings.

Section 9: Interim Measures by the Court

Section 9(1) permits a party, before or during arbitral proceedings, or at any time after the making of the arbitral award but before it is enforced under Section 36, to apply to a court for interim measures.

The measures listed include the appointment of a guardian for a minor or person of unsound mind for the purposes of the proceedings; and for an interim measure of protection in respect of the preservation, interim custody or sale of goods which are the subject matter of the agreement; securing the amount in dispute; the detention, preservation or inspection of any property or thing which is the subject matter of the dispute, including authorising entry upon land or a building; interim injunction or the appointment of a receiver; and such other interim measure of protection as may appear to the court to be just and convenient.

The court has, for that purpose, the same power for making orders as it has in relation to proceedings before it.

The 2015 restrictions. Two sub-sections were added to prevent Section 9 being used to bypass the tribunal.

Section 9(2) provides that where a court passes an interim measure before the commencement of arbitral proceedings, the arbitral proceedings shall be commenced within ninety days from the date of that order, or within such further time as the court may determine.

Section 9(3) provides that once the arbitral tribunal has been constituted, the court shall not entertain an application under Section 9(1) unless it finds that circumstances exist which may not render the remedy provided under Section 17 efficacious.

That is the pivot of the modern position: after the tribunal is in place, the tribunal is the forum, and the court’s jurisdiction is residual.

Section 17: Interim Measures by the Tribunal

Section 17(1) permits a party, during the arbitral proceedings, to apply to the arbitral tribunal for interim measures of protection, in respect of the same matters listed in Section 9(1), and the tribunal has the same power for making orders as the court has for the purpose of and in relation to any proceedings before it.

Section 17(2), inserted in 2015, is what transformed the provision. It provides that any order issued by the arbitral tribunal under Section 17 shall be deemed to be an order of the court for all purposes and shall be enforceable under the Code of Civil Procedure, 1908 in the same manner as if it were an order of the court.

Before 2015, a tribunal’s interim order had no direct enforcement mechanism, which drove parties to the court. That gap has been closed.

The 2015 amendment also removed the tribunal’s power to grant interim measures after the award is made — Section 17 now operates during the arbitral proceedings. Relief after the award and before enforcement is sought from the court under Section 9.

The Comparison: Section 9 vs Section 17 of the Arbitration Act

The Two Situations Where Section 9 Remains Essential

Before the arbitral tribunal is constituted. Urgent interim relief in arbitration may be required at the outset, before the tribunal is constituted. In such cases, Section 9 of the Arbitration Act provides the court-based route, subject to the 90-day requirement under Section 9(2).

Where relief is needed against a third party. An arbitral tribunal’s jurisdiction generally arises from the arbitration agreement and does not ordinarily extend to a person who is not a party to it. Where interim measures are required against a bank, registrar, purchaser or other third party, the court may be the appropriate forum under Section 9.

After the arbitral award. Once the award has been made but before it is enforced, Section 9 remains available for interim measures, whereas Section 17 operates only during the arbitral proceedings.

The Test Applied

Whichever forum is approached, the substantive test is the familiar one, drawn from the principles the Code of Civil Procedure, 1908 applies: a prima facie case, the balance of convenience, and irreparable injury not capable of compensation in money. Conduct matters — delay, suppression and non-compliance with earlier orders weigh heavily.

Courts and tribunals also weigh the effect on the arbitration itself: interim relief is to preserve the subject matter, not to grant in advance what the tribunal will decide.

Appeals

Section 37(1)(b) provides an appeal from an order granting or refusing a measure under Section 9.

Section 37(2)(b) provides an appeal from an order of the tribunal granting or refusing an interim measure under Section 17.

Section 37(3) bars a second appeal, while saving the right to appeal to the Supreme Court.

Practical Guidance

Move before the tribunal is constituted if urgency demands it, and then commence the arbitration within ninety days as Section 9(2) requires — failing which the order is exposed.

Once the tribunal is constituted, go to the tribunal. An application to the court will be met with Section 9(3), and the applicant will have to show why Section 17 would not be efficacious. Asserting inconvenience is not enough.

Use Section 17(2) rather than working around it. A tribunal’s order is enforceable as an order of the court, so the historical reason for preferring the court has largely gone.

Where a third party’s conduct is the problem, plead that expressly as the reason the court is being approached.

Frame the relief precisely — what is to be restrained or preserved, against whom, and for how long. Orders that cannot be obeyed or enforced are of no use to anyone.

Frequently Asked Questions

1. What is Section 9 vs Section 17 of the Arbitration Act?
Section 9 allows courts to grant interim measures, while Section 17 empowers the arbitral tribunal to grant interim relief during arbitration.

2. Can Section 9 be used after the tribunal is constituted?
Yes, but only where the court finds that the remedy under Section 17 would not be efficacious, as provided by Section 9(3).

3. Can an arbitral tribunal grant interim relief before it is constituted?
No. Before the tribunal is constituted, a party may approach the court under Section 9.

4. Are Section 17 interim orders enforceable?
Yes. Under Section 17(2), an interim order of the tribunal is deemed to be an order of the court and is enforceable under the CPC.

5. Can interim relief be sought after an arbitral award?
Yes. Section 9 permits interim measures after the award is made but before it is enforced under Section 36.

Legal Information Disclaimer

This article is published for general legal information and educational purposes only. It reflects the position of Indian law as researched up to 10 August 2026 and may not account for subsequent amendments, notifications or judicial developments. The application of the 2015, 2019 and 2021 amendments depends on when the arbitral proceedings and the related court proceedings commenced, and should be checked for a particular case. It is not legal advice, does not take into account any individual’s particular facts or circumstances, and no advocate-client relationship arises from reading it. Readers dealing with an actual matter should obtain independent professional advice from a qualified advocate of their own choosing before acting on any information contained here. Statutory provisions, notified figures, rules and case citations referred to in this article have been compiled from published legal materials and may contain errors or omissions, and may have changed since the date stated; no representation or warranty, express or implied, is given as to their accuracy, completeness or currency, and each should be independently verified against the official text or the official record before being relied upon. No liability is accepted for any loss arising from reliance on this article.

Sources / Authorities

• Arbitration and Conciliation Act, 1996 — Sections 2(1)(e), 9 (including sub-sections (1), (2) and (3)), 17 (including sub-sections (1) and (2)), 36 and 37 — India Code, https://www.indiacode.nic.in
• Arbitration and Conciliation (Amendment) Act, 2015 — insertion of Sections 9(2) and 9(3); substitution of Section 17
• Code of Civil Procedure, 1908 — Orders XXXVIII, XXXIX and XL
• Commercial Courts Act, 2015