Section 17 Arbitration Act 1996 (after 2015 amendment) confers POWER ON ARBITRAL TRIBUNAL to:
Aorder INTERIM MEASURES of protection during proceedings — same powers as a civil court under Section 9 — enforceable as orders of court under Section 17(2) (after 2015 amendment)
Bonly listen (cf. Arbitration and Conciliation Act 1996, Section 17 (substituted 2015)) (cf. Arbitration and Conciliation Act 1996, Section 17 (substituted 2015))
Cno power (cf. Arbitration and Conciliation Act 1996, Section 17 (substituted 2015)) (cf. Arbitration and Conciliation Act 1996, Section 17 (substituted 2015))
Donly decide (cf. Arbitration and Conciliation Act 1996, Section 17 (substituted 2015)) (cf. Arbitration and Conciliation Act 1996, Section 17 (substituted 2015))
Answer & Solution
Correct answer: A. order INTERIM MEASURES of protection during proceedings — same powers as a civil court under Section 9 — enforceable as orders of court under Section 17(2) (after 2015 amendment)
1. Section 17 Arbitration and Conciliation Act 1996 (as substituted by 2015 Amendment): the arbitral tribunal SHALL HAVE THE SAME POWER for making orders as the COURT has under Section 9 for the purpose of, and in relation to, any proceedings before it.
2. INTERIM MEASURES that may be ordered:
3. (a) appointment of GUARDIAN for minor or unsound person;
4. (b) measures of PROTECTION of subject matter (preservation, interim custody, sale of goods);
5. (c) appointment of RECEIVER;
6. (d) PROVIDE SECURITY for amount in dispute;
7. (e) INJUNCTIONS or interim measures of protection;
8. (f) other measures.
9. ENFORCEABILITY (Section 17(2), inserted 2015): orders of the arbitral tribunal under Section 17 SHALL BE DEEMED to be ORDERS OF A COURT — making them DIRECTLY ENFORCEABLE under CPC.
10. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 17 (substituted 2015)_
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