If you fear the other side will hide assets, sell disputed property or destroy records before your arbitration is decided, you can ask for emergency protection. The choice is between Section 9 vs Section 17 arbitration interim relief under the Arbitration and Conciliation Act, 1996. Section 9 lets you go to a court, while Section 17 lets the arbitral tribunal itself grant the protective order. In short: Section 9 is your route before the tribunal exists, or after the award until it is enforced, and Section 17 is the route once the tribunal is constituted and hearing the case.
Both provisions exist to stop a dispute from becoming meaningless by the time it is decided. This explainer walks an individual or business through which door to knock on, when, and what each can actually deliver.
What "interim relief" means in arbitration
Interim relief, also called an interim measure or interim protection, is a temporary order that preserves the position while the main dispute is still being fought. Sections 9 and 17 use identical language for the categories available, and they are worth knowing verbatim because a prayer drafted outside them invites a jurisdictional objection:
- Appointment of a guardian for a minor or a person of unsound mind, for the purposes of the arbitral proceedings.
- Preservation, interim custody or sale of goods that are the subject matter of the arbitration agreement.
- Securing the amount in dispute in the arbitration, which in practice covers deposits, bank guarantees and orders to maintain a minimum balance.
- Detention, preservation or inspection of any property or thing that is the subject matter of the dispute, including authorising entry on land, taking samples, or conducting an experiment to obtain evidence.
- Interim injunction or the appointment of a receiver.
- Any other interim measure of protection that appears just and convenient.
These are not final decisions on who is right. They are stop-gap measures so that the eventual award is worth something. Arbitration can take months; interim relief is the safety net for that gap.
Section 9: the court route
Section 9 of the Arbitration and Conciliation Act, 1996 allows a party to approach a court for interim measures before or during the arbitral proceedings, or at any time after the making of the award but before it is enforced in accordance with Section 36.
The most important practical use is before arbitration starts. Until the tribunal is appointed there is no arbitrator to ask, so the court is the only forum that can act fast. A party who has just discovered that the other side is liquidating assets can file a Section 9 application in the competent court even before issuing the arbitration notice.
Section 9(1) closes with an important sentence: 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". In other words a Section 9 court is not working with some watered-down arbitration-only toolkit; it has its ordinary civil powers of injunction, attachment and receivership, and its order carries the full weight of contempt and execution machinery behind it.
Section 9 opens three windows, and the court brings its ordinary civil powers into each of them.
Before the arbitration
There is no tribunal yet, so the court is the only forum that can act fast, for example against a party already liquidating assets before any notice is issued.
During the arbitration
Still available, but Section 9(3) bars the court from entertaining the application once the tribunal is constituted unless the Section 17 remedy would not be efficacious.
After the award
Section 9 runs until the award is enforced under Section 36. Since the tribunal lost its post-award jurisdiction on 30 August 2019, the court is the only door.
The court's own powers
Section 9(1) gives the court the same power to make orders as it has in any proceedings before it, so ordinary injunction, attachment and receivership powers apply.
Deadline warning. If you obtain a Section 9 order before the arbitration has commenced, Section 9(2) requires the arbitral proceedings to be commenced within ninety days from the date of that order, or within such further time as the Court may determine. This is the single most commonly missed deadline in the whole provision. Parties win a freezing order, feel safe, spend three months negotiating, and then discover that the protection they fought for has lapsed because no notice invoking arbitration was ever issued. Diarise the ninety days on the day the order is passed.
Section 17: the in-house route
Section 17 empowers the arbitral tribunal itself to order interim measures during the proceedings, in exactly the same categories as Section 9, and it provides that the tribunal "shall have the same power for making orders, as the court has for the purpose of, and in relation to, any proceedings before it".
The reform that changed everything is Section 17(2), substituted with effect from 23 October 2015: subject to any orders passed in an appeal under Section 37, any order issued by the tribunal under Section 17 is deemed to be an order of the Court for all purposes and is enforceable under the Code of Civil Procedure, 1908 in the same manner as if it were an order of the Court.
Earlier, tribunal orders were seen as toothless because the tribunal could not punish disobedience. Now a Section 17 order can be executed like a court order, which makes the tribunal a real option rather than a formality.
Note the second change. Section 17 once allowed an application after the award and before enforcement, mirroring Section 9. Those words were omitted with effect from 30 August 2019. Section 17 now operates only during the arbitral proceedings. You cannot ask a tribunal for anything before it has been appointed, and you can no longer ask it for anything after it has delivered the award.
Section 9 vs Section 17: side by side
| Feature | Section 9 (court) | Section 17 (tribunal) |
|---|---|---|
| Who grants relief | The "Court" as defined in Section 2(1)(e), which is the principal Civil Court of original jurisdiction in a district, or the High Court exercising ordinary original civil jurisdiction | The arbitral tribunal hearing the reference |
| When available | Before or during the arbitration, and after the award until it is enforced under Section 36 | Only during the arbitral proceedings; the post-award window was removed with effect from 30 August 2019 |
| Categories of relief | The six heads in Section 9(1), plus the court's ordinary powers in proceedings before it | The same six heads, with the tribunal given the same power as the court |
| Enforceability | Directly enforceable as a court order | Deemed an order of the Court for all purposes and enforceable under the CPC, 1908, by virtue of Section 17(2) with effect from 23 October 2015 |
| Once the tribunal is constituted | Section 9(3) bars the Court from entertaining the application unless it finds circumstances that may not render the Section 17 remedy efficacious | The preferred and ordinary forum |
| Binding a third party | Possible, because a court has jurisdiction over persons who are not parties to the arbitration agreement | Not realistically available; the tribunal's authority flows from the agreement |
| Deadline created by the order | Where relief is granted before commencement, arbitration must begin within ninety days under Section 9(2) | None, since the arbitration is already running |
| Appeal route | Section 37(1)(b), against an order granting or refusing a measure under Section 9 | Section 37(2)(b), against an order granting or refusing an interim measure under Section 17 |
| Foreign-seated arbitration | Available for international commercial arbitration seated outside India, by the proviso to Section 2(2), unless the parties have agreed otherwise | Not available; Section 17 is not extended by that proviso |
Which one should you choose, and when?
The decision is mostly about timing.
Before arbitration begins
Use Section 9. There is no tribunal yet, so the court is your only option for urgent protection, for example an emergency freeze on a bank account on a Friday evening. Then start the arbitration within ninety days.
After the tribunal is constituted
Use Section 17. The tribunal already understands the dispute, can act quickly, and its order is now enforceable like a court's.
Key takeaway. This is not merely a matter of etiquette or judicial preference. Section 9(3) is a statutory bar: once the arbitral tribunal has been constituted, the Court shall not entertain a Section 9 application unless it finds that circumstances exist which may not render the Section 17 remedy efficacious. So if you go to court after the tribunal is in place, your first job is not to argue the merits of the injunction at all. It is to plead and prove, with facts, why the tribunal cannot give you an effective remedy: it is not yet seized, it cannot sit in time, or the order must bind someone who is not a party to the arbitration agreement. Applications that skip that threshold are dismissed without the merits ever being reached.
After the award, before enforcement
Use Section 9. Since 30 August 2019 the tribunal no longer has a post-award interim jurisdiction, so the court is the only door.
Which court, and why it matters
"Court" is defined in Section 2(1)(e). For a domestic arbitration it means the principal Civil Court of original jurisdiction in a district, including a High Court exercising ordinary original civil jurisdiction, that would have had jurisdiction over the subject matter had it been a suit. It expressly excludes any Civil Court of a grade inferior to that principal Civil Court, and any Court of Small Causes. For an international commercial arbitration it means the High Court.
Section 2(1)(e) fixes which court can hear a Section 9 application.
Domestic arbitration
The principal Civil Court of original jurisdiction in the district, including a High Court exercising ordinary original civil jurisdiction, that would have had jurisdiction over the subject matter.
Courts expressly excluded
Any Civil Court of a grade inferior to that principal Civil Court, and any Court of Small Causes. An application filed there is before a forum the statute rules out.
International commercial arbitration
The Court means the High Court. Where the seat is outside India, the proviso to Section 2(2) still applies Section 9 unless the parties have agreed otherwise.
Common mistake. Filing the Section 9 application in whichever court is nearest or cheapest. A Section 9 application filed before a court inferior to the principal Civil Court of the district, or before a Court of Small Causes, is filed before a forum the statute expressly excludes, and the weeks lost returning and refiling are exactly the weeks in which the assets move. Fix the correct court and the correct valuation before you draft, not after the objection is taken.
Emergency arbitrators
Many institutional rules provide for an emergency arbitrator who can grant urgent relief even before the full tribunal is formed. In purely domestic arbitrations, the enforceability of emergency-arbitrator orders has been the subject of evolving case law, so an emergency-arbitrator route does not always remove the need for a Section 9 application. If your contract is governed by institutional rules, check whether the emergency-arbitrator mechanism applies and how its order would be enforced in India. Our guide to emergency arbitration in India and its enforceability goes into that question.
Appeals against interim orders
Section 37 governs appeals, and it is exhaustive: an appeal lies "from the following orders (and from no others)". An order granting or refusing a measure under Section 9 is appealable under Section 37(1)(b); an order of the tribunal granting or refusing an interim measure under Section 17 is appealable under Section 37(2)(b). Section 37(3) bars a second appeal, while preserving the right to approach the Supreme Court. Confirm the limitation period for your appeal with an advocate, because it is short and it is fatal.
A note on section numbers and renumbering
The provisions discussed here are in the Arbitration and Conciliation Act, 1996, which has its own numbering and is separate from the general criminal and civil codes. The recodification of criminal law, the Indian Penal Code, 1860 becoming the Bharatiya Nyaya Sanhita, 2023 and the Code of Criminal Procedure, 1973 becoming the Bharatiya Nagarik Suraksha Sanhita, 2023, does not renumber the Arbitration Act. Arbitration law has, however, been amended in its own right, notably in 2015, 2019 and 2021, and the changes to Sections 17 and 37 described above come from those amendments. Always verify the current text before acting.
Practical tips before you file
- Act fast. Interim relief is about urgency, and delay is itself an argument against you.
- Show real risk. Courts and tribunals want evidence that assets or evidence may genuinely disappear, not suspicion. Sale deeds, board resolutions, listing advertisements, bank statements showing sudden withdrawals: these are what move an application.
- Keep the arbitration alive. Section 9 relief obtained before commencement lapses unless the arbitration begins within ninety days.
- Draft the prayer inside the statutory heads. Frame what you want as securing the amount in dispute, preservation, injunction or receivership, rather than as a general plea for fairness.
- Check your contract. The arbitration clause and any institutional rules shape which forum, which seat and which timeline apply. See our note on drafting the arbitration agreement.
- Think ahead to enforcement. An interim order is only as good as your ability to execute it, which is covered in our guide to the arbitral award in India.
Frequently Asked Questions
What is the difference between Section 9 and Section 17 of the Arbitration Act?
Section 9 lets you ask a court for interim relief before or during arbitration, and after the award until it is enforced. Section 17 lets the arbitral tribunal grant interim relief while it is hearing the case. Section 9 is the route when there is no tribunal yet; Section 17 is the route once the tribunal exists.
Can I get interim relief before arbitration even starts?
Yes. Under Section 9 you can approach the court for urgent protection before issuing the arbitration notice. If relief is granted before the arbitration begins, Section 9(2) requires the arbitral proceedings to be commenced within ninety days of the order, or within such further time as the Court may determine.
Is a Section 17 order from a tribunal actually enforceable?
Yes. Under Section 17(2), inserted with effect from 23 October 2015, an interim order passed by the tribunal is deemed to be an order of the Court for all purposes and is enforceable under the Code of Civil Procedure, 1908 in the same way, which is why it is no longer considered toothless.
Should I go to court or the tribunal once arbitration has begun?
The tribunal, under Section 17. Section 9(3) says that once the tribunal is constituted the Court shall not entertain a Section 9 application unless it finds that circumstances exist which may not render the Section 17 remedy efficacious.
Can a court still grant interim relief after the tribunal is formed?
It can, but only if you cross the Section 9(3) threshold by showing that the Section 17 remedy would not be efficacious. The clearest example is where the order needs to bind a third party who is not a party to the arbitration agreement, and therefore not subject to the tribunal.
Can the tribunal grant interim relief after it has passed the award?
No. The words allowing a Section 17 application after the award and before enforcement were omitted with effect from 30 August 2019. After the award, the route is Section 9.
What kinds of orders count as interim relief?
The statutory heads are the appointment of a guardian, preservation, interim custody or sale of goods, securing the amount in dispute, detention, preservation or inspection of property, interim injunction or appointment of a receiver, and any other measure that appears just and convenient.
Which court do I file a Section 9 application in?
The court defined in Section 2(1)(e): for a domestic arbitration, the principal Civil Court of original jurisdiction in the district or a High Court with ordinary original civil jurisdiction, excluding any inferior Civil Court and any Court of Small Causes. For an international commercial arbitration, the High Court.
Can I use Section 9 if the arbitration is seated outside India?
Often yes. The proviso to Section 2(2) applies Section 9 to an international commercial arbitration even where the place of arbitration is outside India, subject to any agreement to the contrary between the parties.
Can I appeal an interim order?
Yes. An order granting or refusing relief under Section 9 is appealable under Section 37(1)(b), and a tribunal's order under Section 17 is appealable under Section 37(2)(b). No second appeal lies, though the right to approach the Supreme Court is preserved. Confirm the limitation period with a lawyer, because it is short.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter. The bare text of the Arbitration and Conciliation Act, 1996 is available on the Government of India's official portal at India Code.
