Interim remedies from The Arbitral Tribunal

What interim remedies are available from the arbitral tribunal? Whether Arbitrator has power to grant ex-parte interim order?

Answer (1)

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Interim measures

Under section 17 of the Arbitration Act, an arbitral tribunal can order a party to take any interim measure of protection the arbitral tribunal considers necessary in relation the subject matter of the dispute. Interim protection measures may relate to the preservation, interim custody or sale of any good that is the subject matter of the arbitration agreement, or the securing of the amount in dispute, and so on.

Ex parte

The Arbitration Act does not specifically provide for whether an interim relief can be granted ex parte. However, arbitrators do not generally grant ex-parte interim relief.

Security

The tribunal has the power to order security. However, normally such security in India does not relate to costs for prosecuting the arbitration.

Answered on 28 Sep 2018


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