Section 9 of the Act permits a party to apply to a **court for an inte…

Question

Section 9 of the Act permits a party to apply to a **court for an interim measure of protection** at which stages?

Accepted Answer

C. {'text': 'Before, or during arbitral proceedings, or at any time after making of the arbitral award but before it is enforced in accordance with Section 36', 'label': 'C'}

1. Section 9(1) of the Act, as reproduced in Lesson 13, permits a party to apply to a court for interim measures **before, or during arbitral proceedings, or at any time after making of the arbitral award but before it is enforced in accordance with Section 36**.
2. The measures available include guardianship for minors/unsound mind, preservation/custody/sale of goods, securing the amount in dispute, interim injunction, appointment of receiver, etc.
3. Section 9(3) (2015 Amendment) reins in pre-arbitral relief once the tribunal is constituted unless Section 17 remedies are inefficacious.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 297-303._

Answer

{'text': 'Only before the commencement of arbitral proceedings and never after the arbitral tribunal has been constituted under any provision of any law in force in any State of India regardless of any other consideration', 'label': 'A'}

Answer

{'text': 'Only after the arbitral award has been delivered to the parties and enforcement proceedings have commenced under any provision of any law in force in any State of India regardless of any other consideration', 'label': 'B'}

Answer

{'text': 'Only during the arbitral proceedings and never before or after the conclusion of those proceedings under any provision of any law in force in any State of India regardless of any other consideration', 'label': 'D'}