Research Article | Open Access
The Scope and Limitation of Interim Measures under Framework of Indian Arbitration Laws:(Power of Courts vis-à-vis Arbitral Tribunal)
Piyush Kumar Roy Dr. Sony Kulshrestha
Pages: 4760-4763
Abstract
The Indian arbitration has strived hard to develop a robust state of infrastructure for its stakeholders. The
importance of arbitration has been able to cross the cliff of being Alternative Dispute Resolution and even if not
crossed is truly on the brink to cross such edge and become an accepted practice of dispute resolution in civil
and commercial field.To increase the acceptability of arbitration it is necessary that its stakeholders avail all the
benefits in much effective manner when compared to orthodox system of litigation. Hence, Indian arbitration
framework aims to incorporate all the remedies and measures present under general civil and commercial laws.
One of such features is of interim measure which can be availed by the parties either through the judicial
intervention (u/s. 9) or even from the arbitral tribunal (u/s. 17) as per the amendments of 2015 in the Arbitration
and Conciliation Act of 1996(herein referred as Act) is that of interim measure.This article will particularly
focus on the power of courts and arbitral tribunal to grant interim measures present under Arbitration and
Conciliation Act, 1996 through the legislative design as well as jurisprudential development through judicial
decisions.