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To obtain interim relief from Indian courts in support of arbitration, a party invokes Section 9 of the Arbitration and Conciliation Act, 1996, a powerful statutory gateway that lets claimants secure urgent protective orders before, during or even after arbitral proceedings. For in-house counsel and business claimants, Section 9 is often the difference between preserving a disputed asset and watching it dissipate while the tribunal is still being constituted. This practical guide walks through eligibility, the documentary evidence courts expect, how to draft a focused relief catalogue, filing strategy and timelines, enforcement, and the tactical interplay between court-ordered measures and parallel arbitration.
The emphasis throughout is on action: what to prepare, which court to approach, and how to frame your prayers so that a judge can grant protection quickly.
Who this guide is for: Counsel and in-house teams who need to obtain interim relief from Indian courts where arbitration is, or will be, the forum. You will find eligibility rules, a procedural roadmap, a documentary checklist, drafting templates, timing expectations and enforcement options, structured so you can mobilise within the first 48 hours of a threat.
Section 9 of the Arbitration and Conciliation Act, 1996 empowers a court to grant interim measures of protection in relation to arbitral proceedings. It is the primary statutory route to obtain interim relief from Indian courts where the dispute is governed by an arbitration agreement. The provision allows a party to apply to a court before the commencement of arbitral proceedings, during those proceedings, or at any time after the making of the arbitral award but before it is enforced in accordance with Section 36 of the Act.
The remedies a court may grant under Section 9 include the preservation, interim custody or sale of goods that are the subject matter of the arbitration; securing the amount in dispute; the detention, preservation or inspection of property; interim injunctions; and the appointment of a receiver. In substance, the court can order “such other interim measure of protection as may appear to the court to be just and convenient.” That breadth is deliberate: it gives the judge flexibility to craft relief that fits the commercial threat.
A notable feature introduced by the Arbitration and Conciliation (Amendment) Act, 2015 is Section 9(2): where a court grants interim relief before the commencement of arbitral proceedings, the arbitration must ordinarily be commenced within ninety days from the date of the order, or within such further time as the court may determine. Counsel should factor this requirement into any pre-reference application.
Critically, a Section 9 order is protective rather than final. The court is not adjudicating the merits of the underlying claim, that task belongs to the arbitral tribunal. The court’s role is to hold the ring so that any eventual award is not rendered illusory by the opposing party’s conduct in the interim.
Indian courts generally assess a Section 9 application against the same equitable triad that governs interim injunctions: a prima facie case (a serious question to be tried, not a certainty of success); irreparable harm (loss that cannot adequately be compensated in damages); and the balance of convenience (greater inconvenience to the applicant if relief is refused than to the respondent if it is granted). While courts exercise a broad discretion under Section 9 and are not strictly bound by the Code of Civil Procedure, these principles continue to guide the exercise of that discretion. An applicant who cannot credibly address all three limbs on affidavit is unlikely to secure protection.
One of the most practically important features of Section 9 is that it is available before arbitration has formally commenced. A party facing an imminent threat, a counterparty about to transfer assets abroad, strip a company of value, or destroy evidence, need not wait for the tribunal to be constituted. It can approach the court and obtain interim relief from Indian courts on a pre-reference basis, provided it genuinely intends to pursue arbitration and can satisfy the court of that intention (and, as noted above, commence arbitration within the statutory timeframe under Section 9(2)).
The jurisprudential reach of Section 9 has evolved significantly. The Constitution Bench decision in Bharat Aluminium Co. v. Kaiser Aluminium Technical Service Inc. (BALCO) held that Part I of the Act (including Section 9) does not, as a general rule, apply to arbitrations seated outside India. The Arbitration and Conciliation (Amendment) Act, 2015 then introduced a proviso to Section 2(2) that makes Section 9 (among other provisions) available to foreign-seated arbitrations unless the parties have agreed otherwise. Counsel should verify the current position for any foreign-seated matter against the statute and the relevant Supreme Court authority before filing, because the availability of Section 9 can turn on the seat, the governing law and the precise wording of the arbitration clause.
Where arbitration has already commenced, the court retains jurisdiction to grant interim measures, but Section 9(3) provides that once an arbitral tribunal has been constituted, the court shall not entertain a Section 9 application unless it finds that circumstances exist which may not render the remedy under Section 17 (interim measures by the tribunal) efficacious. Counsel must therefore be prepared to explain why court assistance is needed rather than, or in addition to, the tribunal’s own powers.
Move immediately for pre-reference relief when the risk is concrete and time-sensitive: imminent dissipation or transfer of assets, likely destruction or alteration of evidence, a counterparty on the brink of insolvency, or goods about to be removed from the jurisdiction. In these scenarios, waiting for tribunal constitution may defeat the entire claim. File a focused petition, demonstrate genuine intent to arbitrate, and be ready to offer an undertaking as to damages.
The quality of your evidence determines whether you obtain interim relief from Indian courts quickly or lose momentum to adjournments. A Section 9 petition is won or lost on the affidavit. The court must be able to see, on the papers, a prima facie case, a real risk of irreparable harm, and a favourable balance of convenience. Assemble the following before you draft:
A well-structured supporting affidavit typically moves through: (1) the deponent’s authority; (2) the parties and the arbitration agreement; (3) the factual matrix of the dispute; (4) the specific threat and its urgency; (5) how the prima facie, irreparable harm and balance of convenience tests are satisfied; (6) the undertaking as to damages; and (7) the precise relief sought. Keep each paragraph tight and evidenced, unsupported assertions of urgency invite scepticism.
Judges grant relief they can supervise and enforce. An over-broad, vaguely worded prayer is an invitation to refusal or dilution. The discipline of a focused relief catalogue is therefore central to any strategy to obtain interim relief from Indian courts. Observe these principles:
The three templates below are drafting samples only, they must be verified and adapted to the facts of each case before filing.
Sample Prayer A, Conservatory attachment / securing the amount in dispute
Template, verify and adapt: “That this Hon’ble Court be pleased to direct the Respondent to furnish security in the sum of ₹______ to the satisfaction of this Hon’ble Court, or in the alternative to restrain the Respondent, its servants and agents, from alienating, encumbering, transferring or otherwise dealing with the assets more particularly described in Schedule __ hereto, pending adjudication of the disputes by the arbitral tribunal.”
Sample Prayer B, Interim injunction preserving the status quo
Template, verify and adapt: “That this Hon’ble Court be pleased to pass an order of interim injunction restraining the Respondent, whether by itself or through its officers, agents or representatives, from acting in breach of Clause __ of the Agreement dated ______ and from taking any step that would alter the subject matter of the arbitration, until the final disposal of the arbitral proceedings.”
Sample Prayer C, Preservation of evidence / appointment of receiver
Template, verify and adapt: “That this Hon’ble Court be pleased to appoint a Court Receiver to take custody of the goods / records more particularly described in Schedule __, and to direct the Respondent to preserve and not destroy, alter or part with the documents and electronic records relevant to the dispute, pending the constitution and determination of the arbitral tribunal.”
For each prayer, add drafting notes addressing jurisdictional wording (confirm the court has territorial competence over the asset or party), asset-specific identifiers (ROC registration, bank account numbers, immovable property schedule), and a clear undertaking as to damages. Where you seek ex parte relief, pair the operative prayer with a prayer for a short return date so the matter is heard inter partes promptly.
Getting the forum and sequencing right is as important as the substance. A disciplined filing plan to obtain interim relief from Indian courts runs as follows:
Timelines vary by court and caseload. A genuinely urgent ex parte application can be heard within days, sometimes the same day, while a contested inter partes hearing will take longer as the respondent files a reply. Busy commercial courts such as the Delhi High Court often grant short-duration protective orders quickly, with a return date fixed for fuller argument. Build your evidence to withstand that second hearing, because an order obtained ex parte is only as durable as the material that supports it when the respondent appears.
Where speed matters, counsel must choose between distinct routes to urgent protection. Each has a different speed profile, enforcement mechanism and effect on the arbitration itself. The table below compares them.
| Feature | Emergency arbitrator (institution) | Section 9 (Indian courts) | Anti-arbitration injunction (court) |
|---|---|---|---|
| Availability | Only under institutional rules providing for an emergency arbitrator | Statutory, available pre-reference, during and post-award (subject to Section 9(2) and 9(3)) | Exceptional; courts are reluctant to grant |
| Speed | Very fast under institutional rules | Fast for urgent ex parte relief | Variable; contested |
| Enforceability in India | Not automatically enforceable as a court order; may require a Section 9 route | Directly enforceable as a court order | Binding on the parties before the court |
| Typical remedy type | Preservation, injunctions, security | Injunction, attachment, preservation, receiver | Restraint of the arbitration proceedings |
| Need for undertaking | Often required by the arbitrator | Undertaking as to damages typically expected | Undertaking frequently required |
| Forum of enforcement | Indian courts, often via Section 9 | Indian courts directly | The granting court |
| Effect on arbitration | Supports and preserves the arbitration | Supports the arbitration | May stall or block the arbitration |
The practical takeaway is that an emergency arbitrator can deliver swift relief where the institutional rules allow it, but the direct enforceability of an emergency arbitrator’s award under Indian law remains an evolving area, particularly for foreign-seated emergency awards. For India-seated arbitrations, the Supreme Court has recognised that an emergency arbitrator’s order can be enforceable under the framework for interim orders of a tribunal. If the respondent ignores an emergency measure, the applicant may still find it prudent to obtain interim relief from Indian courts under Section 9 to secure a directly enforceable order against assets located in India. For that reason, parties often run the two routes in a coordinated sequence rather than treating them as mutually exclusive.
An anti-arbitration injunction is an order restraining a party from commencing or continuing arbitration. Indian courts grant such injunctions only in rare and compelling circumstances, because they cut against the policy of minimal judicial interference that underpins the arbitration framework. A party that over-reaches at the interim stage, or that behaves inconsistently with its arbitration agreement, may expose itself to a counter-application seeking to restrain the arbitration. Draft prayers narrowly and affirm your commitment to the arbitral process to avoid handing the respondent that argument.
A key advantage of the court route is that a Section 9 order is an order of the court. Once granted, the order can be enforced through the ordinary machinery available to civil courts. The nature of execution depends on the order:
Two limits must be kept in mind. First, Section 9 does not finally adjudicate rights, it preserves the position pending the tribunal’s decision, so the relief is inherently provisional and may be modified or vacated as circumstances change. Second, the interim order must ultimately give way to, and be read consistently with, the arbitral award and the final relief. On the making of an award, parties may need to apply to renew interim protection to secure the award pending its enforcement. Because interim orders are modifiable, a respondent whose financial position improves, or who offers acceptable alternative security, may apply to vary the order, anticipate this and keep your evidence current.
Running a court application alongside a live arbitration demands coordination. Mismanaged, the two tracks can produce inconsistent positions and hand the opposing party ammunition. Keep the following in view:
Speed of mobilisation often determines success. In the first 48 hours of an identified threat, a claimant seeking to obtain interim relief from Indian courts should secure the following:
Concise sample prayer points for counsel to adapt (template, verify and adapt): (A) security for the sum in dispute or a restraint on dealing with identified assets; (B) an interim injunction preserving the status quo pending the arbitral determination; and (C) preservation of goods, records and electronic evidence, with a receiver where custody is required.
Warning flags. Guard against two risks. First, over-broad or oppressive prayers may provoke a counter-application for an anti-arbitration injunction or a vacate application. Second, conduct inconsistent with the arbitration agreement, or an application that effectively seeks final relief, may be read as a waiver of arbitral rights. Keep prayers narrow, affirm your commitment to arbitration, and support every request with evidence. Remember also to commence arbitration within the Section 9(2) timeframe where pre-reference relief has been granted.
To obtain interim relief from Indian courts in support of arbitration, lead with a tight evidential case built around prima facie merits, irreparable harm and the balance of convenience. Choose the right forum, decide early whether ex parte relief is justified, and draft a focused, enforceable relief catalogue rather than an over-broad wish list. Remember that Section 9 orders are enforceable through the court’s execution and contempt machinery, whereas emergency arbitrator measures may still, in practice, call for a court order to bite against Indian assets. Finally, coordinate your court application with the arbitration so the two tracks reinforce rather than undermine each other.
Given the stakes and the procedural nuance involved, businesses facing an urgent threat should consult a specialist civil litigation and arbitration practitioner in India before filing.
Contact Ujjwal Sharma MCIArb at Sharma Kemp Chambers, a member of the Global Law Experts network.
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