Interim Measures Arbitration India
Obtaining interim relief under Section 9 and Section 17 of the Arbitration and Conciliation Act 1996
AMLEGALS advises on interim measures arbitration india — obtaining interim relief under section 9 and section 17 of the arbitration and conciliation act 1996.
The issues that decide the outcome
Alternative dispute resolution in India is anchored by the Arbitration and Conciliation Act 1996 (substantially amended in 2015, 2019 and 2021), the Mediation Act 2023 (effective from October 2023, governing institutional and ad hoc mediation with enforceable settlement agreements) and the Legal Services Authorities Act 1987 (governing Lok Adalats). India's arbitration framework is modelled on the UNCITRAL Model Law and recognises both domestic and international commercial arbitration. The 2015 Amendment transformed Section 34 challenge proceedings by introducing a 12-month timeline for disposal, limiting public policy grounds to patent illegality, and the 2019 Amendment established the Arbitration Council of India and introduced confidentiality and immunity provisions.
Foreign arbitral awards are enforceable under Part II of the Act — the New York Convention (for Convention countries) and the Geneva Convention. India has notified 48 reciprocating territories under the New York Convention. The Supreme Court's jurisprudence in Balco (2012) — holding that the seat of arbitration determines the curial law and supervisory jurisdiction — and PASL Wind Solutions (2021) — permitting two Indian parties to choose a foreign seat — has reshaped arbitration practice. Investment treaty arbitration under bilateral investment treaties (BITs) and the India Model BIT 2015 engages a distinct ISDS framework. The Mediation Act 2023 introduces registration of mediators, mediation service providers and mediation institutes, and makes mediated settlement agreements enforceable as court decrees.
How AMLEGALS acts
Domestic arbitration
Representing parties in institutional and ad hoc domestic arbitrations — MCIA, DAC, SIAC India and ICC proceedings.
Award challenge and enforcement
Challenging arbitral awards under Section 34, defending awards in setting aside proceedings and enforcing awards as decrees under Section 36.
Foreign award enforcement
Enforcing foreign arbitral awards under the New York Convention (Part II) and resisting enforcement on Convention grounds.
Interim relief in arbitration
Obtaining interim measures from courts (Section 9) and arbitral tribunals (Section 17) — injunctions, preservation orders and security for costs.
Investment treaty arbitration
Advising on BIT claims, ISDS mechanisms and investment treaty compliance under the India Model BIT 2015.
ODR and mediation
Advising on online dispute resolution platforms, virtual arbitration procedures and mediation under the Mediation Act 2023.
Frequently asked questions
01On what grounds can an arbitral award be challenged?
Under Section 34 of the Arbitration Act, a domestic arbitral award can be challenged on grounds of: (a) incapacity of a party or invalidity of the arbitration agreement; (b) lack of proper notice or inability to present one's case; (c) the award deals with matters beyond the scope of the arbitration agreement; (d) the tribunal composition or procedure was not in accordance with the agreement; and (e) the award conflicts with the public policy of India — limited after the 2015 Amendment to fraud, corruption, contravention of the fundamental policy of Indian law, or conflict with basic notions of morality or justice. Patent illegality appearing on the face of the award is a ground only for domestic awards.
02Can two Indian parties choose a foreign seat of arbitration?
Yes. The Supreme Court in PASL Wind Solutions v. GE Power Conversion India (2021) held that two Indian parties can choose a foreign seat of arbitration, and the resulting award would be treated as a foreign award enforceable under Part II of the Arbitration Act (New York Convention). This overturned the earlier position that Indian parties must arbitrate domestically.
03What is the Mediation Act 2023?
The Mediation Act 2023 establishes a statutory framework for mediation in India. It mandates pre-litigation mediation in certain categories of disputes (subject to exceptions for urgent interim relief), provides for registration of mediators and mediation service providers, makes mediated settlement agreements enforceable as court decrees, and establishes the Mediation Council of India. Online mediation is expressly recognised. The Act does not apply to criminal proceedings, proceedings before statutory tribunals with exclusive jurisdiction, or matters affecting third-party rights.
04How is a foreign arbitral award enforced in India?
Under Part II of the Arbitration Act (New York Convention), a party seeking enforcement files an application before the High Court having jurisdiction. The court can refuse enforcement only on the limited grounds specified in Section 48 — invalidity of the agreement, lack of proper notice, the award exceeds the scope of the arbitration, the tribunal composition was improper, the award is not yet binding or has been set aside, the subject matter is not arbitrable under Indian law, or enforcement would be contrary to the public policy of India. The burden of proving a ground for refusal is on the party resisting enforcement.
05Does an initial discussion create a lawyer-client relationship?
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
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