Arbitration, Mediation and Conciliation · Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

Interim Measures, Tribunal Powers and Court Assistance in Arbitration

Updated 11 October 2026 · Fact-checked

Interim measures are temporary orders that protect the subject-matter or the claim until the final award. A party can seek them from the court under Section 9 or from the arbitral tribunal under Section 17. Once the tribunal is constituted, the court entertains Section 9 only if Section 17 would not be efficacious. Section 27 lets the court help in taking evidence.

Understand Interim Measures, Tribunal Powers and Court Assistance

Arbitration can take months or years. In that time, a party may sell the disputed goods, move assets away, or destroy evidence. An interim measure is a short-term order that prevents this, so the final award is not an empty paper.

The Act gives two forums. Section 9 lets a party go to a court. Section 17 lets a party go to the arbitral tribunal. Both lists are almost identical: guardian for a minor or person of unsound mind; preservation, interim custody or sale of goods; securing the amount in dispute; detention, preservation or inspection of property, including entry on land or building and taking samples; interim injunction or receiver; and any other measure that is just and convenient.

The key difference is timing and force. Under Section 9 you can apply before arbitral proceedings, during them, or after the award but before it is enforced under Section 36. Under Section 17 you can apply only during the arbitral proceedings, because the words allowing applications after the award were omitted in 2019. If the court grants relief before arbitration starts, arbitration must begin within ninety days of the order or within further time the court allows.

Once the tribunal is constituted, the court will not entertain a Section 9 application unless it finds circumstances that may not make the Section 17 remedy efficacious. A Section 17 order is deemed an order of the Court for all purposes, subject to appeal under Section 37, and is enforced under the Code of Civil Procedure, 1908 as if it were a court order.

Separately, a tribunal has no power to compel outsiders. Under Section 27, the tribunal, or a party with the tribunal's approval, can ask the court for help in taking evidence. The court can order evidence to be given directly to the tribunal and can issue processes such as summonses to witnesses.

Key rules to remember

Section 9 timing: Section 9 application: before, during, or after the award but before enforcement under Section 36; Applies to a court. Pre-arbitration relief needs arbitration to start within 90 days of the order or such further time as the court allows.
Section 17 timing: Section 17 application: during the arbitral proceedings only; Made to the tribunal. The post-award words were omitted by the 2019 amendment.
Court after tribunal constituted: Section 9(3): court will not entertain unless Section 17 may not be efficacious; The court must find that such circumstances exist.
Enforcement of tribunal order: Section 17(2): order deemed an order of the Court, enforceable under the CPC, 1908; Subject to any orders in an appeal under Section 37.
Appeals: Section 37(1)(b): grant or refusal under Section 9; Section 37(2)(b): grant or refusal under Section 17; No second appeal, but the right to approach the Supreme Court is preserved.
Court assistance in evidence: Section 27: tribunal, or a party with its approval, may apply to the Court; The application must give names and addresses, nature of claim and relief, and the evidence sought. Defaulting persons face the same penalties as in suits.

How to solve Interim Measures, Tribunal Powers and Court Assistance questions

Use this order for any case question on interim relief or court help.

1Identify the stage: before arbitration, during proceedings, or after the award.
2Identify who is asked: court (Section 9) or tribunal (Section 17).
3Match the relief to the listed heads, such as securing the amount, injunction, receiver, or inspection of property.
4If the tribunal is already constituted, apply Section 9(3) and test whether Section 17 is efficacious.
5If relief was granted before arbitration, check the 90-day rule under Section 9(2).
6For enforcement, state that a Section 17 order is deemed a court order enforceable under the CPC, 1908.
7For witnesses or documents the tribunal cannot compel, apply Section 27 and its application contents.
8Mention the appeal route under Section 37 and conclude.

Quickest way: Stage and forum check

When to use it: When the question is short and asks which forum a party should approach.

Write the stage in one line.
Pick the forum: pre-arbitration or post-award means court; during proceedings means tribunal first.
Add the Section 9(3) exception if the tribunal exists.
Add enforcement and appeal in one line each.

Common mistakes in Interim Measures, Tribunal Powers and Court Assistance

Saying a party can apply to the tribunal under Section 17 after the award is made.
Section 9 still allows post-award applications, so students assume Section 17 does too.
Fix: Remember Section 17 covers only the period during arbitral proceedings; the post-award words were omitted in 2019.
Saying the court can never grant interim relief once the tribunal is constituted.
Students remember the bar but forget its exception.
Fix: State that the court will not entertain the application unless circumstances may not render Section 17 efficacious.
Forgetting the 90-day rule for pre-arbitration court orders.
Students focus on the types of relief, not the follow-up condition.
Fix: Add that arbitration must commence within ninety days of the order or within further time the court determines.
Saying a tribunal's interim order has no enforceability and needs a fresh court order.
Older law needed a court to enforce it, and students mix the two.
Fix: Cite Section 17(2): deemed an order of the Court, enforceable under the CPC, 1908.
Confusing Section 27 with Section 9 or 17.
Both involve court help in a pending arbitration.
Fix: Section 27 is only about taking evidence, and the application comes from the tribunal or a party with its approval.
Missing the appeal provisions.
Students stop at the grant of relief.
Fix: End with Section 37: appeals lie against grant or refusal of measures under both Section 9 and Section 17.

Worked examples

Example 1

Ananya Textiles, Surat, has a supply dispute with Bharat Mills Ltd. The arbitration clause exists but no notice of arbitration has been given. Ananya fears Bharat Mills will sell the disputed stock of cloth. Where can she seek protection, and what must she do afterwards?

Show the solution

Stage: arbitral proceedings have not begun.
The tribunal does not yet exist, so Section 17 is unavailable. Section 9 allows an application to a court before arbitral proceedings.
Relief sought concerns preservation, interim custody or sale of goods that are the subject-matter, and an injunction. Both fall within Section 9(1)(ii).
If the court grants an order, Section 9(2) requires arbitral proceedings to commence within ninety days of the order or such further time as the court determines.
Either party may appeal under Section 37(1)(b) against grant or refusal of the measure.

Answer: Ananya can apply to the court under Section 9 for preservation or custody of the stock and an injunction. She must commence arbitration within ninety days of the order or within the extra time the court allows.

Example 2

A tribunal is constituted in a dispute between Kaveri Infra Ltd and Rohan Builders. Kaveri applies to the court under Section 9 to secure the amount in dispute. Rohan objects. Separately, Kaveri wants an independent engineer to testify but he refuses to attend. Advise.

Show the solution

The tribunal is constituted, so Section 9(3) applies. The court will not entertain the application unless circumstances exist that may not render Section 17 efficacious.
Securing the amount in dispute is a listed head under Section 17(1)(ii)(b), so Kaveri should ordinarily approach the tribunal.
If the tribunal orders, the order is deemed a court order enforceable under the CPC, 1908, subject to an appeal under Section 37.
For the witness, the tribunal cannot compel him. Under Section 27 the tribunal, or Kaveri with the tribunal's approval, may apply to the court.
The application must state names and addresses of parties and arbitrators, the nature of the claim and relief, and the witness's name, address and subject of testimony.
The court may order evidence to be given directly to the tribunal and issue summonses as in suits. Failure to attend attracts the penalties applicable in suits.

Answer: Rohan's objection succeeds unless Kaveri shows Section 17 would not be efficacious; Kaveri should apply to the tribunal. For the engineer, Kaveri can seek the tribunal's approval and apply to the court under Section 27 for process to compel attendance.

Exam tips

Draw the forum contrast first: Section 9 court, Section 17 tribunal, with the timing difference. Examiners reward it.
In case questions, state the stage of proceedings before naming the section.
Quote Section 9(3) in its exact condition about efficacy; do not write it as an absolute bar.
Add Section 17(2) and Section 37 for any enforcement or appeal question.
For drafting questions on Section 27, list the contents the application must specify.

Practice questions from Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

Interim Measures, Tribunal Powers and Court Assistance: frequently asked questions

What is the difference between Section 9 and Section 17?

Section 9 is a court power usable before, during or after the award until enforcement under Section 36. Section 17 is a tribunal power usable only during the arbitral proceedings. After the tribunal is constituted, the court entertains Section 9 only if Section 17 may not be efficacious.

How do I enforce an interim order of an arbitral tribunal?

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

Can a tribunal's interim order be appealed?

Yes. Section 37(2)(b) allows an appeal to a court against an order granting or refusing an interim measure under Section 17. No second appeal lies, but the right to approach the Supreme Court is not affected.

What does Section 27 allow?

The tribunal, or a party with its approval, may apply to the court for assistance in taking evidence. The court may order evidence to be given directly to the tribunal and issue processes to witnesses as in suits. Defaulters face the same penalties as in suits.