Section 17 Arbitration Act

Para 71 of the said judgment reads as.

Section 17 arbitration act. 1 unless otherwise agreed by the parties the arbitral tribunal may at the request of a party order a party to take any interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. The amendment act of 2015 now gives the tribunal as much powers as were provided to the court under section 9 earlier. An act to restate and improve the law relating to arbitration pursuant to an arbitration agreement.

All kinds of interim measures are entertained by the tribunal. Section 17 of the act reads as follows 17. Delhi high court in case of national highways authority of india supra has held that the arbitral tribunal could not have proceeded to consider the issue under section 17 of the arbitration and conciliation act by predicating the discussion on the merits of the claim of the contract of the party.

Present appeal has been filed by the appellant under section 37 of the arbitration and conciliation act hereinafter referred to as act assailing the order of the arbitrator dated 12 7 2007 passed in the arbitration proceedings between the parties whereby the appellant was restrained from selling or disposing off encumbering any of its business or. Section 17 is the go to section for applications of interim measures to the tribunal. One such corrected provision is present under 17 the section that gives an arbitral tribunal the power to issue interim measures at the request of either parties.

Section 17 in the arbitration and conciliation act 1996. Section 17 of the act comes into play only when the arbitral tribunal has been constituted and an award has not been passed by the tribunals. Interim relief from court vs.

To make other provision relating to arbitration and arbitration awards. The scope of section 9 of the arbitration and conciliation act 1996 act is very broad the section empowers the court to grant various interim measures of protection including orders for securing the amount in dispute preservation of property interim injunctions and appointment of receivers the section also empowers the court to grant such other interim measure of protection as may. Interim measures ordered by arbitral tribunal.

Section 17 of the arbitration and conciliation act gives power to the arbitral tribunal 7 to grant interim reliefs to any of the parties when an application under the said section is filed before the tribunal.