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Interim relief in arbitration: section 9 or section 17?
Why interim relief matters
A contract dispute does not pause while an arbitrator is appointed. Goods may be moved, records lost, or the value of the claim put at risk. Waiting for the final award may make the remedy less useful.
Suppose a supplier terminates a distribution contract, and the contract provides for arbitration. One side says stock bearing its brand is about to be sold off before the dispute can be heard. Interim relief is designed for that problem.
It is not a shortcut to winning the underlying claim.
Which route, at which stage
| Stage of the arbitration | Route | What the Act provides |
|---|---|---|
| Before the arbitration begins | Court, section 9 | Interim measures may be sought; if granted, arbitration must begin within 90 days or further time the court allows |
| After the tribunal is constituted | Tribunal, section 17 | The tribunal may order interim measures; its order is enforceable as a court order |
| After the tribunal is constituted | Court, section 9, exceptionally | Only if the court finds circumstances that may make the section 17 remedy inefficacious |
| After the award, before enforcement | Court, section 9 | Interim measures remain available until enforcement |
When section 9 is the useful route
Section 9 lets a party seek court-ordered interim protection before or during arbitral proceedings, or after the award but before it is enforced.
The measures listed include preserving, holding in custody or selling goods, securing the amount in dispute, detaining, preserving or inspecting property, interim injunctions and appointing a receiver.
The court may also order other measures that appear just and convenient.
The applicant must still justify the particular order on the facts. An arbitration clause alone does not secure it.
Before moving, ask what happens if the order is refused until the tribunal is in place. Is there a concrete risk to identified goods, money, evidence or rights, and which document shows it?
A vague fear that the other side might not pay is not the same as a supported request for a specific protective measure.
The 90-day rule
If the court grants protection before arbitration has begun, the arbitral proceedings must commence within 90 days of the order, or within further time the court allows (section 9(2)).
Under section 21, unless the parties agree otherwise, proceedings commence on the date the respondent receives a request to refer the dispute to arbitration. Prepare the interim application and that notice together.
Once the tribunal is constituted
Section 17 empowers the tribunal to order interim measures during the arbitration, across the same familiar categories.
Subject to any order in an appeal under section 37, a section 17 order is deemed an order of the court and is enforceable under the Code of Civil Procedure.
The court route narrows. Under section 9(3), once the tribunal is constituted, the court shall not entertain a section 9 application unless it finds circumstances that may make the section 17 remedy inefficacious.
That is a statutory test, not a preference for one forum. The reason a tribunal cannot give effective relief in the particular case must be shown, not assumed.
Emergency arbitrators
Some institutional rules let a party seek urgent relief from an emergency arbitrator before the tribunal is formed.
In Amazon v Future Retail (2021), the Supreme Court held that an emergency arbitrator's order in an India-seated arbitration is an order under section 17(1), enforceable under section 17(2).
The rules the parties chose decide whether this route is available.
This article addresses India-seated arbitration. Foreign-seated arbitrations need a separate analysis of the arbitration agreement, the seat and how the Act applies.
Build the evidence around the order you need
Urgent applications often lose clarity because they recount the whole commercial dispute but never specify the interim outcome. Prepare the file in six steps:
- Secure the agreement. Collect the signed contract, the arbitration clause and any notice or appointment procedure.
- Identify the asset or right. Name the particular goods, funds, records or conduct that need protection.
- Prove the risk. Gather the dated correspondence, transaction records or other evidence showing why waiting matters.
- Define the order. Frame the narrow action or restraint sought: who must do what, and for how long.
- Anticipate the reply. Consider what the other side will say about storage, deterioration or ordinary trade.
- Plan the follow-through. Prepare the section 21 notice and the steps to commence or continue the arbitration.
The relief should fit the evidence. Asking to freeze every asset when the record concerns one shipment can make the application weaker, not stronger.
Frequently asked questions
Can a party seek an injunction before appointing an arbitrator?
Yes. Section 9 allows a court application before arbitral proceedings begin. If the court grants protection, arbitration must commence within 90 days of the order, or within further time the court allows.
When does an arbitration "commence" for the 90-day rule?
Under section 21, unless the parties agree otherwise, on the date the respondent receives a request to refer the dispute to arbitration.
Can a party go to court after the tribunal is formed?
Only within section 9(3): the court must find circumstances that may make the section 17 remedy inefficacious. Preferring a judge to the tribunal is not enough.
Is a section 17 order enforceable?
Yes. Under section 17(2), subject to any order in an appeal under section 37, it is deemed an order of the court and enforceable under the Code of Civil Procedure.
Is an emergency arbitrator's order enforceable in India?
For an India-seated arbitration, yes. In Amazon v Future Retail (2021), the Supreme Court held it is an order under section 17(1), enforceable under section 17(2).
The takeaway
The first question is not "court or arbitrator?" It is "what precisely must be protected before the dispute is decided, and what evidence supports that?" Once that is clear, the stage of the arbitration usually points to the route.
To discuss a time-sensitive commercial dispute, contact Saya & Associates.
This article provides general information as at 29 September 2026. The forum, the relief available and the procedural steps depend on the agreement, the seat, the facts and the applicable law. It is not legal advice.