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

A tribunal has been fully constituted in the dispute between Hindustan Agro Ltd and Godavari Traders. Hindustan then applies to the High Court under section 9 for an interim injunction. Hindustan shows no special circumstances. What is the likely position?

The Court will not entertain the application. Under section 9(3), once the arbitral tribunal is constituted, the Court takes up a section 9 application only if circumstances exist that may not make the section 17 remedy before the tribunal efficacious. Hindustan showed none, so it must go to the tribunal.

  1. AThe Court must grant it, since section 9 applies at any stage without limit
  2. BThe Court will refuse to entertain it, unless it finds circumstances exist that may not render the section 17 remedy efficaciousCorrect
  3. CThe Court may entertain it only if the tribunal first gives written permission
  4. DThe Court will transfer the application to the conciliator

Explanation

Under section 9(3), once the tribunal is constituted, the Court shall not entertain a section 9 application unless it finds circumstances exist which may not render the remedy under section 17 efficacious. With no such circumstances shown, the application will not be entertained. Tribunal permission is not required by the section.

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