Section 9 vs Section 17 — Interim Relief in Arbitration Explained

Interim relief is often the most urgent concern in arbitration.

1. Section 9 — Court-granted interim relief

Section 9 allows parties to approach courts:

• before commencement of arbitration,
• during proceedings, or
• after award but before enforcement.

Courts grant relief such as injunctions, asset protection, and status quo orders.

2. Section 17 — Tribunal-granted interim relief

Once the arbitral tribunal is constituted, Section 17 empowers it to grant interim relief with the same enforceability as court orders.

After the 2015 amendments, courts discourage Section 9 petitions once the tribunal is in place.

3. Judicial approach

The Supreme Court in ArcelorMittal Nippon Steel v. Essar Bulk Terminal reiterated that Section 9 should not be used to bypass the tribunal.

Courts now insist parties seek Section 17 relief unless exceptional circumstances exist.

4. When Section 9 still applies

Section 9 remains relevant where:

• tribunal is not yet constituted, or
• relief sought is beyond tribunal’s practical reach.

Practical takeaway

Section 9 is no longer the default. Section 17 is the rule once arbitration commences.

This article is written by Alankar Narula, Advocate, practising in commercial arbitration and dispute resolution before the Punjab & Haryana High Court.