Interim measures instead of other Dispute Resolution Mechanism

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Can we approach the court for interim measures without exhausting other means of dispute resolution (arbitration is not a means for dispute resolution)?

Answer

Answer 1

Asmita Rakhecha

Section 9 of the Arbitration and Conciliation Act 1996 provides for instances wherein a party may move to the court even before initiating arbitration proceedings. The party can move to the court to seek interim measures in the following cases:

Appointment of a guardian for a minor or person of unsound mind for the course of arbitration proceedings.

Interim measures for protection in certain cases such as:

Preservation, custody or sale of goods which are part of the subject matter of the arbitration proceedings.

Securing the amount in dispute in Arbitration.

The detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration.

Interim injunction or the appointment of a receiver.

Such other interim measure of protection as may appear to the court to be just and convenient, and the Court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it.

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