Interplay of Section 9 and Section 17 in Granting Interim Measures
In the previous article, we explored the scope and application of Section 9 of the Arbitration and Conciliation Act, 1996, which empowers the court to grant interim measures in arbitration proceedings. In this article, we will delve into the interplay between Section 9 and Section 17 of the Act, which also deals with interim measures but from the perspective of the arbitral tribunal.
The Interplay of Section 9 and Section 17
Section 9 and Section 17 of the Arbitration and Conciliation Act, 1996 are key provisions that deal with interim measures in arbitration. While Section 9 empowers the court to grant interim measures, Section 17 gives the arbitral tribunal the power to order interim measures. The types of interim reliefs that could be granted by the arbitral tribunal are the same as those which can be ordered by the court under Section 9.
The interplay between these two sections has been a subject of various case laws. In the case of Essar House Private Limited v. Arcellor Mittal Nippon Steel India Limited, the Supreme Court held that once an Arbitral Tribunal is constituted, the court would not entertain an application for an interim measure, unless the remedy of applying to the arbitral tribunal for interim relief is inefficacious. However, this bar does not operate where already the application has been taken up for consideration and the court has applied its mind.
In another case, Gulmali Amrullah Babul v. Shabbir Salebhai Mahimwala, it was held that a party seeking enforcement of the order made under Section 17 would subsequently file a Section 9 petition for the same reliefs, on the basis of the order made by the arbitral tribunal.
Conclusion: Interplay of Section 9 and Section 17
In conclusion, the interplay between Section 9 and Section 17 of the Arbitration and Conciliation Act, 1996 plays a crucial role in the granting of interim measures in arbitration proceedings. While Section 9 empowers the court to grant such measures, Section 17 empowers the arbitral tribunal to do the same. Various case laws have clarified the application and interplay of these two sections. In the next article, we will explore the jurisdictional aspects of filing a Section 9 application