What is Section 9 of the Arbitration and Conciliation?
2 years ago
What is Section 9 of the Arbitration and Conciliation?
Their is an ongoing case of our in civil suit against a builder.So can one person from a group of people withdraw his name and go to high court for Section 9 of the Arbitration and Conciliation,is it possible?
Also can we joint the names of other group members with the person who has Section 9 in his agreement?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
To begin with, as previously stated, Section 9 of the Act empowers ‘any party' to seek interim relief from the Court at three stages: I prior to the commencement of arbitration proceedings; (ii) during the arbitration proceedings; and (iii) after the arbitral award is rendered but before it is enforced.Second, in instances where the remedy requested has no detrimental impact on the victorious party's rights over the subject matter of the dispute, the courts should not be prevented from awarding interim relief in favour of the failed party. Finally, where a Court imposes a stay on the implementation of an arbitral award during the pendency of an application for setting aside an arbitral award under section 34 of the Act, the unsuccessful party may be entitled to interim remedy from the court under Section 9.
Thank you very much.
To begin with, as previously stated, Section 9 of the Act empowers ‘any party' to seek interim relief from the Court at three stages: I prior to the commencement of arbitration proceedings; (ii) during the arbitration proceedings; and (iii) after the arbitral award is rendered but before it is enforced.Second, in instances where the remedy requested has no detrimental impact on the victorious party's rights over the subject matter of the dispute, the courts should not be prevented from awarding interim relief in favour of the failed party. Finally, where a Court imposes a stay on the implementation of an arbitral award during the pendency of an application for setting aside an arbitral award under section 34 of the Act, the unsuccessful party may be entitled to interim remedy from the court under Section 9.
Thank you very much.
Helpful
Helpful
Share
A.Hi,
Firstly, as already stated, Section 9 of the Act itself entitles ‘any party’ to obtain interim relief from the Court at three stages, i.e. (i) before the commencement of arbitration proceedings; (ii) during the course of the arbitration proceedings; and (iii) after the arbitral award is made but prior to its enforcement. Secondly, the courts should not incapacitate themselves from granting interim relief in favor of the unsuccessful party in cases where the relief sought creates no negative impact on the rights of the successful party over the subject matter of the dispute. Lastly, while hearing an application for setting aside an arbitral award under section 34 of the Act, when a Court orders a stay on the enforcement of the arbitral award during the pendency of such application, the unsuccessful party may be entitled to obtain interim relief from the court under Section 9.
Thank you.
Firstly, as already stated, Section 9 of the Act itself entitles ‘any party’ to obtain interim relief from the Court at three stages, i.e. (i) before the commencement of arbitration proceedings; (ii) during the course of the arbitration proceedings; and (iii) after the arbitral award is made but prior to its enforcement. Secondly, the courts should not incapacitate themselves from granting interim relief in favor of the unsuccessful party in cases where the relief sought creates no negative impact on the rights of the successful party over the subject matter of the dispute. Lastly, while hearing an application for setting aside an arbitral award under section 34 of the Act, when a Court orders a stay on the enforcement of the arbitral award during the pendency of such application, the unsuccessful party may be entitled to obtain interim relief from the court under Section 9.
Thank you.
Helpful
Helpful
Share
Sidhaarth
Responded 2 years ago
A.Section -9 Interim measures, etc. by Court.—A party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court—
(i) for the appointment of a guardian for a minor or a 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 court to be just and convenient, and the Court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it.
(i) for the appointment of a guardian for a minor or a 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 court to be just and convenient, and the Court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it.
Helpful
Helpful
Share
Read Related Answers
Balcony extension
Dear Sir,
Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.
Digging borwell infront of my house without permission
Dear Sir,
How to File a Harassment Complaint Against a Neighbour
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call t...
Property documents
Dear Sir,
It is not safe to give your originals to any broker. Thereafter, they may blackmail you.
Right over mother's ancestral property
Dear Sir,
You have no rights over ancestral property of your mother during her lifetime since it is her exclusive Streedhana. She may execute a Will or alienate the property as she may wish.
Transfer of property to wife after demise of husband
Dear Client,
According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of th...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
