In commercial disputes, parties often require urgent interim relief before or during arbitration to preserve assets, maintain the status quo, or prevent irreparable harm. The Arbitration and Conciliation Act, 1996 provides two parallel mechanisms for obtaining interim relief: Section 9 (before or during arbitration from courts) and Section 17 (from the arbitral tribunal during arbitration).
At Hashmi Law Associates (HLAPL), we regularly obtain urgent interim relief for clients in high-stakes commercial disputes. This guide explains the scope, procedure, and strategic considerations for emergency arbitration in India.
1. What is Emergency Arbitration?
Emergency arbitration refers to the process of obtaining urgent interim relief from an arbitrator or court before the constitution of the arbitral tribunal or during arbitration proceedings. Unlike final relief, interim relief is temporary and designed to preserve the status quo pending the final arbitral award.
Common types of interim relief:
- Freezing orders (asset preservation) – preventing disposal of assets
- Anti-suit injunctions – restraining parties from filing parallel proceedings in other courts
- Anti-arbitration injunctions – restraining initiation of arbitration
- Status quo orders – maintaining existing state of affairs
- Appointment of receivers or provisional administrators
- Disclosure orders – requiring parties to disclose assets or documents
- Security for costs – requiring claimant to provide security for respondent's costs
- Protection of trade secrets and confidential information
Citation: Arbitration and Conciliation Act, 1996, Sections 9 and 17; Supreme Court in ArcelorMittal India Pvt. Ltd. v. Satish Kumar Gupta, (2019) 2 SCC 1 (interim relief during arbitration).
2. Section 9: Pre-Arbitration Interim Relief from Courts
Section 9 of the Arbitration Act allows parties to apply to a court for interim relief before, during, or after arbitral proceedings (but before enforcement of award). The court has the same power to grant interim relief as it would in a civil suit.
When to apply under Section 9:
- Before arbitration: When a party needs urgent relief but the arbitral tribunal has not yet been constituted
- During arbitration: When the arbitral tribunal has been constituted but cannot grant effective relief
- After arbitration (pre-enforcement): After the award but before enforcement proceedings
- Even if no arbitration agreement exists: Section 9(2) requires an arbitration agreement; otherwise, civil suit is the remedy
Conditions for Section 9 Relief:
- There must be a valid and enforceable arbitration agreement between parties
- The applicant must have a good arguable case (prima facie case for arbitration)
- Irreparable harm would result if relief is not granted (balance of convenience in applicant's favor)
- The arbitration agreement is not void, inoperative, or incapable of being performed
Section 9 Procedure:
- File application before the High Court or Commercial Court having jurisdiction (where arbitration is seated or where the property is located)
- Serve notice on the respondent (urgent applications may be heard ex parte)
- Court hearing (urgent applications heard within 24-48 hours)
- Court passes order granting or denying interim relief
- Appeal to Division Bench lies against the order
Time limit for arbitration after Section 9 relief: Under Section 9(3), if court grants interim relief before arbitration, the party must commence arbitration proceedings within 90 days from the date of the order, failing which the interim relief may lapse.
Citation: Arbitration and Conciliation Act, 1996, Section 9; Supreme Court in Firm Ashok Traders v. Gurumukh Das Saluja, (2004) 3 SCC 155 (scope of Section 9).
3. Section 17: Interim Measures by Arbitral Tribunal
Section 17 of the Arbitration Act empowers the arbitral tribunal (once constituted) to grant interim relief similar to a court under Section 9. The tribunal may order interim measures of protection, including appointment of a receiver, interim injunctions, preservation of property, and security for costs.
Key features of Section 17:
- The arbitral tribunal has the same power to grant interim relief as a court under Section 9
- The tribunal may order interim relief at any time during arbitral proceedings (from constitution to award)
- The tribunal may require the applicant to provide security before granting relief
- The tribunal's order under Section 17 is enforceable as if it were a court order (after 2015 amendment)
- Under Section 17(2), the tribunal may modify or vacate any interim order
Enforcement of Section 17 orders: After the 2015 amendment, Section 17(2) provides that an arbitral tribunal's interim order is enforceable under the Code of Civil Procedure in the same manner as a court order. Previously, parties had to approach court for enforcement of Section 17 orders.
Citation: Arbitration and Conciliation Act, 1996, Section 17; Arbitration and Conciliation (Amendment) Act, 2015 – enforcement of Section 17 orders.
4. Section 9 vs Section 17: Strategic Considerations
| Parameter | Section 9 (Court) | Section 17 (Arbitral Tribunal) |
|---|---|---|
| When available | Before, during, or after arbitration (pre-enforcement) | Only after tribunal constitution |
| Speed | Urgent applications heard within 24-48 hours | May take longer (tribunal constitution + hearing) |
| Enforcement | Directly enforceable as court decree | Enforceable as court order under Section 17(2) (since 2015) |
| Appeal | Appeal to Division Bench under Section 37(1)(b) | No appeal; can challenge only under Section 34 with final award |
| Expertise | Generalist judges | Arbitrator with subject matter expertise |
| Confidentiality | Court proceedings are public | Arbitration proceedings are confidential |
Strategic recommendation: For urgent relief where a tribunal is not yet constituted, apply under Section 9. For interim relief after tribunal constitution, prefer Section 17 to maintain confidentiality and leverage arbitrator expertise.
5. Emergency Arbitrator Provisions (Institutional Rules)
Major institutional arbitration rules now provide for emergency arbitrator provisions, allowing parties to obtain interim relief within days before the tribunal is constituted. The emergency arbitrator issues a binding order within 15 days.
Emergency Arbitrator Process under Major Institutions:
| Institution | Emergency Arbitrator Appointment | Order Timeline |
|---|---|---|
| DIAC (Delhi) | Within 1 day of application | Within 15 days |
| MCIA (Mumbai) | Within 1 day of application | Within 15 days |
| LCIA | Within 1 day of application | Within 14 days |
| ICC | Within 2 days of application | Within 15 days |
| SIAC | Within 1 day of application | Within 14 days |
Advantages of emergency arbitrator provisions:
- Faster than court proceedings (orders within 14-15 days)
- Confidential (unlike court proceedings)
- Expert decision-makers familiar with commercial disputes
- Globally enforceable under New York Convention (subject to local law)
- Preserves tribunal's power to modify or vacate the order
6. Landmark Cases on Interim Relief in Arbitration
Case 1: Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. (2022)
The Supreme Court upheld an emergency arbitrator award passed under SIAC rules, restraining Future Retail from proceeding with its deal with Reliance. The Court held that emergency arbitrator awards are enforceable under Section 17(2) of the Arbitration Act.
Citation: Amazon.com NV Investment Holdings LLC v. Future Retail Ltd., (2022) 1 SCC 209 – enforcement of emergency arbitrator awards in India.
Case 2: ArcelorMittal India Pvt. Ltd. v. Satish Kumar Gupta (2019)
The Supreme Court clarified the scope of Section 9 relief during insolvency proceedings. The Court held that an arbitration agreement survives the initiation of corporate insolvency resolution process.
Citation: ArcelorMittal India Pvt. Ltd. v. Satish Kumar Gupta, (2019) 2 SCC 1 – interplay between IBC and arbitration.
Case 3: Board of Control for Cricket in India v. Deccan Chronicle Holdings Ltd. (2023 – Delhi High Court)
The Delhi High Court granted anti-arbitration injunction, restraining a party from initiating arbitration in London, holding that the arbitration agreement was invalid under the Indian Contract Act.
7. Practice Tips for Obtaining Interim Relief
- Act quickly: Interim relief is urgent – delay may prejudice the application
- Draft the arbitration agreement carefully: Include express provision for emergency arbitrator relief in institutional arbitrations
- Prima facie case: Clearly demonstrate a good arguable case for arbitration
- Balance of convenience: Show that denial of relief would cause greater harm than granting it
- Irreparable harm: Establish that monetary damages would not adequately compensate
- Undertaking as to damages: Be prepared to give an undertaking to compensate the other party if relief is wrongly granted
- Draft precise relief: Define the scope of interim relief clearly to avoid ambiguity
8. How HLAPL Can Help with Emergency Arbitration
At Hashmi Law Associates (HLAPL), we have extensive experience in obtaining urgent interim relief for clients in high-stakes commercial disputes:
- Section 9 Applications: Filing urgent interim relief applications before Delhi High Court and Commercial Courts
- Section 17 Applications: Interim measure applications before domestic and international arbitral tribunals
- Emergency Arbitrator Proceedings: Representation in emergency arbitrator applications under DIAC, MCIA, LCIA, ICC, and SIAC rules
- Anti-suit Injunctions: Obtaining anti-suit and anti-arbitration injunctions from courts
- Freezing Orders: Asset preservation orders and worldwide freezing orders
- Enforcement of Interim Orders: Enforcing Section 17 orders under Section 17(2) of the Arbitration Act
- Appeals: Challenging interim orders before Division Bench of High Court
Contact our arbitration experts in New Delhi for urgent interim relief in commercial disputes.
Citation: Arbitration and Conciliation Act, 1996, Sections 9, 17, 37; Delhi International Arbitration Centre (DIAC) Rules, 2025 – Emergency Arbitration Provisions; Mumbai Centre for International Arbitration (MCIA) Rules, 2024 – Emergency Interim Relief; LCIA Rules, 2020 – Article 9B (Emergency Arbitrator); ICC Rules, 2021 – Appendix V (Emergency Arbitrator); Supreme Court in Amazon.com v. Future Retail, (2022) 1 SCC 209; Supreme Court in ArcelorMittal v. Satish Gupta, (2019) 2 SCC 1.