“INTERIM RELIEF IN ARBITRATION”
ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE COURSE
TITLED-
ALTERNATE DISPUTE RESOLUTION
SUBMITTED TO- SUBMITTED BY-
Mr. Hrishikesh Manu NAME: RISHABH SINHA
ASSISTANT PROFESSOR COURSE: B.B.A, L.L.B(Hons.)
ROLL NO- 2034
SEMESTER- 6th
CHANAKYA NATIONAL LAW UNIVERSITY
NYAYA NAGAR, MITHAPUR, PATNA-800001
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INTRODUCTION
Arbitration has emerged as the preferred mechanism for the resolution of commercial disputes
amongst various dispute resolution mechanisms available. One of the reasons for proliferation of
arbitration has been the flexibility provided to the parties to conduct arbitral proceedings as per
the law chosen by them, along with arbitrators of their choice and at a venue and place
convenient to parties, as opposed to a court proceeding. Moreover, party autonomy being the
thumb rule in arbitral proceedings, parties are also generally permitted to agree upon the
procedure governing there solution of disputes.
The arbitral process is normally accompanied by certain procedural safeguards such as
interlocutory or interim measures that safeguard parties during the pendency of proceedings. It
has been observed that parties engage in dilatory tactics to delay proceedings or prejudice rights
of opposite parties by inter alia dissipating assets or interfering with the functioning of bodies.
(In case of a company where both parties are stakeholders). In such a situation, the final relief
granted by a tribunal may be rendered nugatory or meaningless unless the arbitral tribunal or
court is able to safeguard the rights of parties during the pendency of the arbitral proceedings.
Therefore, in the intervening period between juncture at which the „dispute‟ arose (in certain
circumstances even before the commencement of arbitration) and till the execution of the award,
certain interim measures may be necessary to protect a party‟s rights and ensure that justice is
done.
The nature of interim relief sought by the parties may vary based on the facts and circumstances
of the dispute. In certain situations the effective provision of interim reliefs may involve
directions to third parties also. With the recent changes in the Arbitration and Conciliation
Amendment Act, 2015 (“Amendment Act”) and wider powers vested with arbitral tribunals,
interim reliefs shouldbemadeeasyandaccessibletopartiestosecuretheultimatearbitralaward. In this
backdrop, it is of paramount importance to understand the nature of interim reliefs which can be
granted by courts and arbitral tribunals and the irrespective limitations.
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AIMS AND OBJECTIVES:
Gain greater knowledge of cases of interim relief in Arbitration.
To find out the development of the present act of the arbitration and Conciliation Act,
1996
TENTATIVE CHAPTERIZATION
1) Introduction
2) Who can Apply For Interim Measures?
3) Interim Measures in Arbitration
4) Standards applicable to the grant of interim reliefs under court secion 9
5) Interim Measures by arbitral tribunal under section 17
6) Enforceability of an interim measure granted by arbitral tribunal
7) Conclusion
RESEARCH METHODOLOGY
The researcher intends to adopt a doctrinal method of research for the purposes of this research
work. The doctrinal research methodology provides an ample scope to examine the existing
literature from both primary and non-primary sources.
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SOURCES OF DATA:
In order to complete the research study, the researcher will collect the material through various
primary and secondary sources of data.
PRIMARY SOURCES - such as the occasional policy papers of the State, statutes, commentaries,
case-law, juristic opinions, policy formulations of various governmental bodies, the reports
published by governmental, non-governmental and international organizations.
SECONDARY SOURCES- reviewing the text books, existing literature on the area, the views
and perspectives of stake holders, policy makers and all other relevant sections of the society
which includes the efforts of charitable organizations, non-governmental organizations and
philanthropists.
HYPOTHESIS:
The researcher has presumed:
The provisions of section-9 and section-17 are similar in nature.
LIMITATIONS OF THE STUDY:
The most important limitation for this project is the accumulation of relevant data. Also the
undertaking of non-doctrinal research or the qualitative research is not possible due limitation of
time and place.
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BIBLIOGRAPHY
Books referred–
Arbitration and Conciliation Act (with ADR) ( Seventh Edition, 2015) [Link].
Law relating to arbitration and conciliation [Link].
Ali Yesilirmak, Provisional Measures in International Commercial Arbitration (Kluwer
Law International) International Arbitration Law Library Series Set (Book13).
[Link],The Law Relating to Government Arbitration,{1985), pp-9-10:
[Link], Law of Arbitration in British India, [1942]
K. Jayachandra Reddy, Alternate Dispute Resolution, in P.C. Rao and William Sheffield
(eds.), Alternative Dispute Resolution: What it is and How it Works, Universal Law
Publishing Co., NewDelhi,(1997) p.79.
Sarvesh Chandra, ADR : Is Conciliation the Best Choice , in P.C. Rao and William
Sheffield (eds.)
P.B. Udgaonkar, Political Institutions and Administration, Motilal Banarsi dass
Publishers Pvt. Ltd., New Delhi, 1986,
Acts, Statutes–
The Arbitration and Conciliation Act, 1996.
The Code of Civil Procedure, 1973.
Websites visited–
Manupatra
SSConline