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Central Act · India · Part I — Chapter II — Arbitration agreement

Section 9 Interim measures, etc., by Court

Arbitration and Conciliation Act, 1996 · Edition: India Code central text incorporating the 2021 amendment

1[(1)]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—

(i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or

(ii) for an interim measure of protection in respect of any of the following matters, namely:—

(a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;

(b) securing the amount in dispute in the arbitration;

(c) the detention, preservation or inspection of any property or thing which is the 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 party, 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;

(d) interim injunction or the appointment of a receiver;

(e) 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.

2[(2) Where, before the commencement of the arbitral proceedings, a Court passes an order for any interim measure of protection under sub-section (1), the arbitral proceedings shall be commenced within a period of ninety days from the date of such order or within such further time as the Court may determine.

(3) Once the arbitral tribunal has been constituted, the Court shall not entertain an application under sub-section (1), unless the Court finds that circumstances exist which may not render the remedy provided under section 17 efficacious.]

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Judgments on Section 9

LOK 2026 (9) SC 244 · Supreme Court of India

Kinetic Green Energy and Power Solutions Ltd. v. Saera Electric Auto Ltd.

Equivalent citations: 2026 INSC 1057

This Judgment regarding a commercial conflict between Kinetic Green Energy and Saera Electric Auto over the manufacture of electric vehicles. The dispute centers on exclusivity and non-compete clauses within three agreements, leading the appellant to seek a restraining order against the respondent's Mayuri brand products.…

LOK 2026 (8) SC 115 · Supreme Court of India

National Projects Construction Corporation Ltd. v. Ishvakoo (India) Pvt LTD

Equivalent citations: 2026 (8) SCD 114 : 2026 INSC 828 : AIR 2026 SC 3815

This judgment addresses whether an unsuccessful party in arbitration can seek interim relief under Section 9 of the Arbitration and Conciliation Act. The case originated from a dispute between the National Projects Construction Corporation and Ishvakoo (India) Pvt Ltd, involving the encashment of bank guarantees…

All 29 judgments →