Asked by a business owner in Bengaluru

I need an urgent order to stop assets being disposed of. Can I get one before the arbitration begins?

Answered by Advocate Sharan Jain··Arbitration & Dispute Resolution

Short answer

Yes. Section 9 lets you approach the court for interim measures before or during arbitration, and even after an award until it is enforced. Once the tribunal is constituted, Section 17 gives it the same powers and the court will usually leave it to the tribunal.

This is one of the strongest features of the Indian arbitration regime, and it is frequently the difference between a meaningful award and a worthless one.

Section 9: court-ordered interim measures

A party may apply to the court before, or during arbitral proceedings, or at any time after the making of the award but before it is enforced, for measures including:

  • Preservation, interim custody or sale of goods that are the subject matter of the dispute
  • Securing the amount in dispute
  • Detention, preservation or inspection of property, including authorising entry onto land
  • Interim injunctions and the appointment of a receiver

The court applies broadly the principles it would apply to an injunction: a prima facie case, balance of convenience, and irreparable injury.

If you file under Section 9 before arbitration, the clock starts
Where a court grants an interim measure before the commencement of arbitral proceedings, the arbitration must be commenced within 90 days of the order, or such further time as the court allows. Obtaining the injunction and then sitting on it is how parties lose it.

Section 17: once the tribunal exists

After the tribunal is constituted, it has substantially the same powers as the court, and an order under Section 17 is enforceable as if it were an order of the court. Section 9(3) provides that the court shall not entertain a Section 9 application once the tribunal is constituted, unless it finds that circumstances exist which may not render the Section 17 remedy efficacious. So in the ordinary case, go to the tribunal.

Emergency arbitrators

Institutional rules commonly provide for an emergency arbitrator before the full tribunal is formed. In Amazon v. Future Retail (2021) the Supreme Court held that an emergency arbitrator's award in an India-seated arbitration under institutional rules is an order under Section 17 and is enforceable. The position for foreign-seated emergency awards is less settled.

Practical advice

Move early and go in with documents. These applications succeed on evidence of a real risk of dissipation, such as a sudden transfer of assets, closure of a business, or removal of stock, not on assertion.

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Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at July 29, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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