Securing the Stakes: A Definitive Guide to Interim Relief Under Section 9
Securing your assets during a legal battle is often as important as winning the case itself. In India, Section 9 of the Arbitration and Conciliation Act, 1996, is the “emergency exit” that allows parties to seek urgent judicial protection before, during, or even after an arbitral award is passed.
As we move through 2026, the Indian judiciary has become increasingly “pro-arbitration,” ensuring that Section 9 remains a powerful tool for businesses to prevent the dissipation of assets.
Section 9 empowers a party to approach a Commercial Court or a High Court to seek “interim measures of protection.” These are temporary orders designed to preserve the status quo so that by the time you win your arbitration, there is actually something left to recover.
When can you invoke Section 9?
- Before Arbitration:If there is a manifest urgency (e.g., the other party is selling the disputed property).
- During Arbitration:Usually only if the relief available through the Arbitral Tribunal (under Section 17) is “inefficacious.”
- After the Award:After you win, but before the award is fully enforced, to ensure the losing party doesn’t hide their assets.
Common Types of Interim Relief
The courts have wide discretion under Section 9. Common orders include:
- Interim Injunctions: Stopping a party from terminating a contract or encashing a Bank Guarantee.
- Security for Amount in Dispute: Ordering a party to deposit the disputed money in court or provide a bank guarantee.
- Preservation of Goods: Appointing a “Court Receiver” to take custody of disputed equipment, inventory, or property.
- Appointment of Guardians: For minors or persons of unsound mind involved in the dispute.
The 90-Day Rule: Use It or Lose It
A critical update from the 2015 Amendment (strictly enforced in 2025–2026) is Section 9(2). If a court grants you interim relief before the arbitration has started:
You must commence arbitral proceedings within 90 days from the date of the order.
If you fail to trigger the arbitration within this window, the interim protection automatically lapses, leaving your assets vulnerable.
Section 9 vs. Section 17: Which one do you need?
A common point of confusion for clients is whether to go to Court (Section 9) or the Tribunal (Section 17).
| Feature | Section 9 (Court) | Section 17 (Tribunal) |
| Timing | Any stage (Pre, During, Post-Award) | Only while the Tribunal exists |
| Power | Can pass orders against 3rd parties | Generally only against parties to the contract |
| Speed | Highly effective for “Day 1” emergencies | Limited by the time taken to set up the Tribunal |
| Recent Trend | Courts now prefer parties go to the Tribunal once it’s formed (Section 9(3)) | Tribunal orders are now as enforceable as Court orders |
Strategic Advantages:
In recent rulings (such as the 2025-2026 High Court updates), the focus has shifted toward “Efficiency over Intervention.” * Asset-Freezing (Mareva-style) Injunctions: Indian courts are becoming more willing to secure the “entire claim amount” if there is a risk of the respondent turning into a “shell company.”
- Foreign-Seated Arbitrations: Even if your arbitration is in Singapore or London, you can still use Section 9 in India to freeze assets located in Mumbai, Delhi, or Bangalore (unless expressly excluded).
How Our Firm Protects Your Interests
At Merlyn Law Firm we understand that in commercial disputes, time is money. Our specialized Arbitration Team provides:
- Urgent Mentions: We move the High Courts for “Ex-parte” interim orders to stop immediate threats.
- Strategic Drafting: Crafting applications that meet the high threshold of “Prima Facie Case” and “Balance of Convenience.”
- Enforcement Expertise: Transitioning your Section 9 win into a long-term victory.
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