Section 9 Arbitration Act 1996 provides for INTERIM MEASURES by COURT:
Abefore, during, or after arbitration but before enforcement of award — parties may apply for interim measures of protection (preservation of property, injunctions, security, etc.) before commencement of arbitration, during arbitration, OR AFTER the making of the award but before enforcement
Bonly after award (cf. Arbitration and Conciliation Act 1996, Section 9 (amended 2015 + 2019)) (cf. Arbitration and Conciliation Act 1996, Section 9 (amended 2015 + 2019)) (cf. Arbitration and Conciliation Act 1996, Section 9 (amended 2015 + 2019))
Conly after dispute (cf. Arbitration and Conciliation Act 1996, Section 9 (amended 2015 + 2019)) (cf. Arbitration and Conciliation Act 1996, Section 9 (amended 2015 + 2019)) (cf. Arbitration and Conciliation Act 1996, Section 9 (amended 2015 + 2019))
Donly after years (cf. Arbitration and Conciliation Act 1996, Section 9 (amended 2015 + 2019)) (cf. Arbitration and Conciliation Act 1996, Section 9 (amended 2015 + 2019)) (cf. Arbitration and Conciliation Act 1996, Section 9 (amended 2015 + 2019))
Answer & Solution
Correct answer: A. before, during, or after arbitration but before enforcement of award — parties may apply for interim measures of protection (preservation of property, injunctions, security, etc.) before commencement of arbitration, during arbitration, OR AFTER the making of the award but before enforcement
1. Section 9 Arbitration and Conciliation Act 1996 provides for INTERIM MEASURES by COURT:
2. PARTY may apply to a COURT — before, during, or after arbitral proceedings — for INTERIM MEASURES of protection in respect of (a) preservation, interim custody, or sale of any goods which are the subject matter of arbitration; (b) preservation, interim custody, or sale of the property in respect of which the arbitral proceedings are being held; (c) appointment of receiver; (d) detention, preservation, inspection of any property or thing which is the subject matter of dispute; (e) injunctions or interim measures of protection; (f) any other measure under sub-section (1)(d) the court may consider just and convenient.
3. POST-2015 AMENDMENT: Section 9(2): after the application for interim measures under Section 9 is filed before commencement of arbitration, the arbitral proceedings shall commence within 90 days; and Section 9(3): no court order under Section 9 shall be necessary after constitution of arbitral tribunal (which can grant interim relief under Section 17).
4. Section 9 covers protection BEFORE, DURING, and POST-AWARD (before enforcement).
5. Hence option A is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 9 (amended 2015 + 2019)_
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