Interim Relief in Arbitral Proceedings: Powerplay between Courts and Tribunals

The Indian Judicial system is struggling to provide timely delivery of justice due to the enormous number of pending cases in the court. Hence, to adjudicate or settle the disputes expeditiously, the need for Alternative dispute resolution mechanisms is seen in our country.  Arbitration being one such mechanism is gaining more and more recognition in modern times. The autonomy and flexibility to choose the arbitrator, the place of arbitration, and the guarantee of privacy and confidentiality, as opposed to the court proceedings, lead the people to go for arbitration instead. However, even after such independence sometimes the parties may seek the intervention of the courts to secure interim measures till the final award is rendered. The interim measure is given to protect the subject matter of the suit. Interim measures are sought because many times the parties engage in tactics that may lead to delay in proceedings or other unwanted outcomes. Hence these interim measures prove to be a protective shield for a party’s rights between the periods from which the dispute arose till the time the final award is made.  In India the Arbitration and Conciliation Act, 1996 provides for interim measures under Section 9 by courts and Section 17 by arbitral tribunals respectively.