The Supreme Court of India has settled the debate over whether an unsuccessful party in arbitration can seek post-award interim relief under Section 9 of the Arbitration and Conciliation Act, 1996. The Court ruled that any party to an arbitration agreement, including the losing party, can approach courts for interim protection while challenging an award. It held that denying such relief could leave parties without protection of assets or dispute subject matter. However, courts must apply caution to prevent misuse.
Please click here to read the full article by Dheeraj Nair, Partner, and Vishrutyi Sahni, Partner, published in Global Arbitration Review.
Dheeraj is a Partner with JSA since 2009. Dheeraj has over two decades of experience advising and representing clients on complex arbitrations, litigations and regulatory proceedings.