Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

Interim Measures and Settlement during Arbitral Proceedings

Updated 11 October 2026 · Fact-checked

Under section 17, a party can ask the arbitral tribunal during the proceedings for interim protection, such as securing the amount in dispute or an injunction. Section 28 sets the law the tribunal applies to the substance. Under section 30, a settlement ends the proceedings and can be recorded as an award on agreed terms.

Understand Interim Measures and Settlement during Proceedings

An arbitration can take months or years. In that time, property may be sold off, goods may rot, or money may vanish. Interim measures are temporary orders that protect the subject-matter until the final award. You can seek them from the tribunal under section 17, and from a court under section 9.

Section 17(1) lets a party apply to the tribunal during the arbitral proceedings. The words allowing applications after the award but before enforcement were omitted by the 2019 amendment (w.e.f. 30-8-2019). So section 17 is now limited to the proceedings. The tribunal can appoint a guardian for a minor or a person of unsound mind for the proceedings. It can also order interim protection for goods, securing the amount in dispute, property inspection, an interim injunction or receiver, and any other measure that is just and convenient.

Under section 17(2), a tribunal's order is deemed an order of the Court for all purposes. It is enforceable under the Code of Civil Procedure, 1908 as if it were a court order. This is subject to any orders passed in an appeal under section 37.

Section 28 deals with the law the tribunal applies to the substance of the dispute. Where the place of arbitration is in India and the arbitration is not international, the tribunal applies the substantive law in force in India. In an international commercial arbitration, it applies the rules of law the parties designated. The tribunal must always take into account the contract terms and trade usages.

Section 30 deals with settlement. The tribunal may encourage settlement. With the parties' agreement it may use mediation, conciliation or other procedures at any time. If the parties settle, the tribunal terminates the proceedings. If the parties request it and the tribunal does not object, it records the settlement as an arbitral award on agreed terms.

Key rules to remember

Section 17(1): who and when: Party applies to the arbitral tribunal during the arbitral proceedings; The words covering the period after the award but before enforcement were omitted in 2019.
Section 17(2): enforceability: Tribunal's interim order = deemed order of the Court, enforceable under the CPC, 1908; Subject to any orders in an appeal under section 37.
Section 17(1)(ii) heads: (a) goods; (b) securing the amount in dispute; (c) detention, preservation, inspection of property; (d) interim injunction or receiver; (e) other just and convenient measure; Learn the five heads in this order. Clause (i) is the guardian for a minor or person of unsound mind.
Section 9(3): court after tribunal is constituted: Court will not entertain a section 9 application once the tribunal is constituted, unless section 17 remedy may not be efficacious; Section 9(2): if a court grants interim relief before arbitration begins, arbitration must commence within 90 days of the order or such further time as the Court determines.
Section 28(1): substantive law: Domestic (seat in India): substantive law in force in India. International commercial: rules of law designated by parties; failing designation, rules the tribunal considers appropriate; A designated country's law means its substantive law, not its conflict of laws rules, unless otherwise expressed.
Section 28(2) and (3): Ex aequo et bono or amiable compositeur only if expressly authorised; always consider contract terms and trade usages; Express authorisation is the test for deciding on equity.
Section 30: settlement: Settlement → tribunal terminates proceedings → on request and no objection, award on agreed terms (section 31 form, states it is an award) with same status as any other award; Section 30(1): mediation, conciliation or other procedures need the agreement of the parties.

How to solve Interim Measures and Settlement during Proceedings questions

Use this method for any case-based question on interim relief, applicable law or settlement.

1Identify the stage: before proceedings, tribunal not yet constituted, tribunal constituted, or after the award.
2Identify the forum: tribunal under section 17 or court under section 9. Apply section 9(3) if the tribunal is already constituted.
3Match the relief sought to a head of section 17(1)(ii), such as securing the amount, injunction, receiver or inspection.
4Check enforceability: state that the order is deemed a court order under section 17(2) and appealable under section 37.
5For the applicable law, check whether the arbitration is domestic or international commercial, then apply section 28(1), (2) and (3).
6For settlement, check that the parties settled during proceedings, then apply section 30: terminate proceedings, record an award on agreed terms if requested and not objected to.
7State the conclusion in one clear line and add a practical point, such as drafting the application or the consent terms.

Quickest way: Stage-Forum-Head-Effect check

When to use it: Use when time is short and the question gives a short fact pattern.

Write the stage in four words, for example 'tribunal constituted, hearing pending'.
Name the section: section 17 if the tribunal is constituted, section 9 if not, section 28 for law, section 30 for settlement.
Quote the exact head or sub-section.
Write the effect: deemed court order, award on agreed terms, or law applied.
Close with the conclusion.

Common mistakes in Interim Measures and Settlement during Proceedings

Saying a party can apply to the tribunal under section 17 after the award is made.
Older notes carry the pre-2019 wording.
Fix: Remember the 2019 omission. Section 17 applies during the arbitral proceedings. Post-award protection is not under section 17.
Saying the court can never grant interim relief once the tribunal is constituted.
Students over-read section 9(3).
Fix: The court will not entertain it unless circumstances exist that may not render the section 17 remedy efficacious.
Treating a tribunal's interim order as unenforceable without going to court.
Confusing it with a mere direction.
Fix: Under section 17(2) it is deemed a court order and enforceable under the CPC, subject to section 37 appeals.
Applying the parties' chosen law in a domestic arbitration seated in India.
Mixing the domestic and international limbs of section 28(1).
Fix: Domestic arbitration seated in India: substantive law in force in India. Party designation applies in international commercial arbitration.
Saying a settlement automatically becomes an award.
Skipping the conditions in section 30(2).
Fix: The tribunal must terminate the proceedings. The settlement is recorded as an award only if the parties request it and the tribunal does not object.
Forgetting that the tribunal may decide in equity only with express authority.
Students think fairness is always allowed.
Fix: Section 28(2): ex aequo et bono or amiable compositeur only if expressly authorised. Contract terms and trade usages are always considered.

Worked examples

Example 1

Sharma Textiles Ltd, Surat, and Deccan Exports Pvt Ltd are in arbitration seated in India. The tribunal is constituted and hearings are on. Sharma fears Deccan will sell machinery that is the subject-matter of the dispute. Where should Sharma apply, and what can it seek?

Show the solution

Stage: the tribunal is already constituted and proceedings are on.
Forum: section 17(1) lets a party apply to the tribunal during the proceedings. Under section 9(3), a court will not entertain a section 9 application unless the section 17 remedy may not be efficacious.
Relief: the machinery is property which is the subject-matter of the dispute. Sharma can seek its detention or preservation under section 17(1)(ii)(c), an interim injunction under (d), or securing the amount in dispute under (b).
Effect: under section 17(2) the order is deemed an order of the Court and is enforceable under the CPC, subject to section 37.

Answer: Sharma should apply to the arbitral tribunal under section 17 for preservation of the machinery, an injunction, or security for the amount in dispute. The order will be enforceable like a court order. The court can be approached only if section 17 would not be efficacious.

Example 2

During arbitration between Kaveri Infra Ltd and Nair Builders, the parties settle on payment of ₹80,00,000 in instalments. They ask the tribunal to record the settlement. What should the tribunal do, and what is the status of the result?

Show the solution

Section 30(2): if the parties settle during the proceedings, the tribunal shall terminate the proceedings.
The parties have requested that the settlement be recorded. If the tribunal does not object, it records the settlement as an arbitral award on agreed terms.
Section 30(3): the award must be made in accordance with section 31 and must state that it is an arbitral award.
Section 30(4): it has the same status and effect as any other arbitral award on the substance of the dispute.

Answer: The tribunal terminates the proceedings and, as requested and if it has no objection, records the settlement as an award on agreed terms, stating that it is an award. It has the same status and effect as any other award on the substance.

Exam tips

Link sections 17 and 9 in every interim relief answer: tribunal during proceedings, court mainly before the tribunal is constituted.
Quote the heads of section 17(1)(ii) as (a) to (e) and match the facts to one head.
In section 28 questions, first say whether the arbitration is domestic or international, then apply the rule.
For settlement questions, show both steps: termination of proceedings and then the award on agreed terms, with the conditions.
Close with the conclusion and one practical point, such as filing the application or drafting consent terms.

Practice questions from Arbitral Proceedings, Pleadings and Evidence

Interim Measures and Settlement during Proceedings: frequently asked questions

Can I apply to the arbitral tribunal for interim relief after the award?

Not under section 17 as it now reads. The words covering the period after the award but before enforcement were omitted with effect from 30-8-2019. Section 17 applies during the arbitral proceedings.

Is an interim order of the tribunal enforceable?

Yes. Under section 17(2) it is deemed an order of the Court for all purposes and is enforceable under the Code of Civil Procedure, 1908. This is subject to any orders in an appeal under section 37.

When can a court grant interim relief if a tribunal is already constituted?

Under section 9(3), the court will not entertain the application unless it finds that circumstances exist which may not render the section 17 remedy efficacious.

What is an award on agreed terms?

If the parties settle during the proceedings, the tribunal can record the settlement as an award on agreed terms if the parties request it and the tribunal does not object. It must state that it is an award and has the same status as any other award.