Section 9 interim measures in Indian courts for foreign-seated arbitrations.
A foreign party to an arbitration - including one seated outside India - can apply to the Indian courts for interim relief under Section 9 of the Arbitration and Conciliation Act 1996 to protect assets or preserve the status quo while the arbitration proceeds. This is often decisive where the counterparty or the assets are in India and there is a risk of dissipation before an award can be enforced.
Relief can include orders to secure the amount in dispute, to preserve or detain property, to grant injunctions and to appoint receivers. AMLEGALS advises foreign parties on the availability and strategy of Section 9 relief for both India-seated and foreign-seated arbitrations, and obtains and defends urgent interim orders before the Indian courts.
Identifying the interim relief available and the strongest basis for it on the facts.
Confirming Section 9 is available for the arbitration, including foreign-seated references.
Preparing and filing the urgent Section 9 application with supporting evidence.
Seeking orders to secure the disputed sum, preserve property or restrain dealings.
Ensuring the interim orders are given effect and policed.
Aligning the court relief with the arbitral proceedings and any emergency-arbitrator steps.
Yes. Under Section 9 of the Arbitration and Conciliation Act 1996, a party can seek interim relief from the Indian courts, and the proviso extends this to foreign-seated arbitrations unless excluded by agreement. It is widely used to protect Indian assets pending an award.
Orders to secure the amount in dispute, to preserve, detain or sell property, to grant injunctions, to appoint receivers and other measures the court considers just. The relief is tailored to prevent prejudice before the award, which AMLEGALS frames to the facts.
Yes, generally, unless the parties have excluded it by agreement. The ability to obtain Indian interim relief for a foreign-seated arbitration is an important protection where the assets or counterparty are in India. AMLEGALS confirms availability and applies.
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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