Power of Court to entertain an application u/s 9(1) of the ...

Court's Power Limited Under Arbitration Act Section 9(1) Once Tribunal Formed; Section 9(3) Allows Interim Measures if Needed.

September 16, 2021

Case Laws     Indian Laws     SC

Power of Court to entertain an application u/s 9(1) of the Arbitration and Conciliation Act, 1996 - On a combined reading of Section 9 with Section 17 of the Arbitration Act, once an Arbitral Tribunal is constituted, the Court would not entertain and/or in other words take up for consideration and apply its mind to an application for interim measure, unless the remedy under Section 17 is inefficacious, even though the application may have been filed before the constitution of the Arbitral Tribunal. The bar of Section 9(3) would not operate, once an application has been entertained and taken up for consideration - It could never have been the legislative intent that even after an application under Section 9 is finally heard relief would have to be declined and the parties be remitted to their remedy under Section 17. - SC

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