Arbitration and Conciliation Act Section 17 — Interim measures ordered by arbitral tribunal
CHAPTER IV — Jurisdiction of arbitral tribunals
Civil
Summary
Sub-section (1) allows a party involved in arbitration to apply to the arbitral tribunal during the proceedings for certain types of help. Under clause (i), the party can ask the tribunal to appoint a guardian for a minor or a person of unsound mind who is involved in the arbitration. Under clause (ii), the party can ask for an interim measure of protection, which is a temporary order to protect rights or property while the arbitration is ongoing.
Under clause (a) of sub-section (1), the tribunal can order the preservation, interim custody, or sale of any goods that are the subject of the arbitration agreement. Under clause (b), the tribunal can order that the amount in dispute in the arbitration be secured, meaning money is set aside to cover the potential award.
Under clause (c) of sub-section (1), the tribunal can order the detention, preservation, or inspection of any property or thing related to the dispute. It can also authorise a person to enter land or buildings in a party's possession, take samples, make observations, or run experiments to gather full information or evidence.
Under clause (d) of sub-section (1), the tribunal can issue an interim injunction, which is a temporary order to stop or compel certain actions, or appoint a receiver to manage property. Under clause (e), the tribunal can order any other interim measure of protection that it finds just and convenient, and it has the same power to make such orders as a court would have in its own proceedings.
Sub-section (2) states that any order issued by the arbitral tribunal under this section is treated as an order of the Court for all purposes, unless a court has passed a different order in an appeal under section 37. Such an order can be enforced under the Code of Civil Procedure, 1908, in the same way as if it were a court order.
Official Text
(1) A party may, during the arbitral proceedings 2***, apply to the arbitral tribunal—
(i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or
(ii) for an interim measure of protection in respect of any of the following matters, namely:—
(a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;
(b) securing the amount in dispute in the arbitration;
(c) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken, or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
(d) interim injunction or the appointment of a receiver;
(e) such other interim measure of protection as may appear to the arbitral tribunal to be just and convenient, and the arbitral tribunal shall have the same power for making orders, as the court has for the purpose of, and in relation to, any proceedings before it.
(2) Subject to any orders passed in an appeal under section 37, any order issued by the arbitral tribunal under this section shall be deemed to be an order of the Court for all purposes and shall be enforceable under the Code of Civil Procedure,1908 (5 of 1908), in the same manner as if it were an order of the Court.]