Applying for Interim Measures before the Court during an Arbitral Proceeding – Section- 9
Can a party to an Arbitration Proceeding apply for Interim Measures? If yes, then When and on account of what reason?
A party may, before, or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court-
- for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or
- for an interim measure of protection in respect of any of die following matters, namely:-
- the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;
- securing the amount in dispute in the arbitration;
- the detention, preservation or inspection of any property or thing which is die subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any part) or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
- 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.
Applying for Interim Measures before the Court – Indian Kanoon