How to Obtain Interim Relief From Indian Courts in Support of Arbitration: Step-by-step Guide

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.

What is Section 9 and when is it available?

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.

Key legal tests courts apply

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.

Pre-reference relief vs post-reference relief, practical distinction

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.

When to move for pre-reference Section 9

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.

Documents, affidavit evidence and the legal standard courts expect

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:

• Arbitration agreement. A copy of the contract and the clause establishing arbitration as the forum, this is the jurisdictional foundation of the petition.
• Claim summary. A concise statement of the underlying dispute, the sums or assets involved and the relief ultimately sought in arbitration.
• Power of attorney / board authorisation. Evidence that the deponent is authorised to swear the affidavit and the advocate is authorised to act.
• Supporting pleadings and correspondence. Notices invoking arbitration, demand letters, and any exchange evidencing breach or threat.
• Financial records. Invoices, ledgers, bank statements or accounts demonstrating the quantum in dispute and, where relevant, the respondent’s deteriorating financial position.
• Affidavit of urgency. A clear, specific explanation of why relief cannot await an inter partes hearing, including the precise nature and timing of the threatened harm.
• Valuation material. Where attachment or preservation of specific assets is sought, a valuation affidavit or supporting documents identifying and valuing those assets.
• Evidence of irreparable harm. Documents showing why damages would be inadequate, for example, the uniqueness of an asset or the respondent’s inability to satisfy an award.
• Undertaking as to damages. A proffered undertaking to compensate the respondent if the relief later proves to have been wrongly granted.
• Counterparty and asset particulars. Registered office, asset locations, bank details and company registry (ROC) information needed to frame enforceable orders.

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.

Drafting a focused relief catalogue, sample prayers and drafting tips

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:

• Be specific. Identify assets by description, account number, registry particulars or location so the order is self-executing.
• Be proportionate. Ask only for what the threat requires. A narrow, well-justified prayer is more likely to survive and to withstand a vacate application.
• Be enforceable. Frame each prayer in operative language a court officer or bank can act on without further interpretation.
• Preserve the arbitration. Make clear that the relief supports, and does not displace, the arbitral process.

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.

Filing strategy and timeline, court selection, service, hearing and urgency

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:

1. Select the court. Under the Act, “Court” generally means the principal civil court of original jurisdiction in a district, and includes a High Court exercising ordinary original civil jurisdiction; in international commercial arbitration, the relevant High Court is the competent court. Approach the court within whose jurisdiction the assets are situated, where the respondent resides or carries on business, or where the cause of action arose. For commercial disputes above the prescribed specified value, the Commercial Courts / Commercial Divisions established under the Commercial Courts Act, 2015 are the appropriate venue.
2. Anticipate territorial objections. Respondents routinely challenge jurisdiction; plead the jurisdictional basis clearly in the petition to pre-empt a threshold fight.
3. Decide ex parte vs inter partes. Seek ex parte ad-interim relief only where notice would defeat the purpose (for example, where the respondent would move assets on learning of the application). Otherwise, serve and proceed inter partes to reduce the risk of the order being vacated.
4. File the supporting affidavits and undertaking. Lodge the petition with the affidavit of urgency, the documentary evidence and the undertaking as to damages.
5. Mention for urgency. Where the threat is imminent, request an urgent listing; commercial benches frequently accommodate genuinely urgent interim applications at short notice.
6. Prepare for interlocutory applications. Expect a vacate application, an application for clarification or modification, and possibly an application challenging jurisdiction. Have draft responses ready.

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.

Emergency arbitration vs Section 9 vs anti-arbitration injunctions

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.

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.

Anti-arbitration injunctions: a risk to watch

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.

Enforceability and execution of Section 9 orders

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:

• Injunctions. Breach exposes the respondent to contempt proceedings, which is a potent compliance lever.
• Attachment and security. Where the court has directed security or restrained dealings with assets, enforcement may involve attachment of property, garnishee-type directions against bank accounts, or directions to third parties holding assets.
• Preservation and receivership. A court-appointed receiver takes custody and reports to the court, and the receiver’s authority is backed by the court’s contempt jurisdiction.

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.

Tactical tips for coordinating court relief with parallel arbitration

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:

• Time the application. Apply when the threat is concrete; a premature or speculative application weakens credibility and invites costs orders.
• Keep relief limited. Seek only what preserves the position; broad prayers risk being read as an attempt to litigate the merits in court.
• Coordinate undertakings. Ensure undertakings offered to the court are consistent with positions taken before the tribunal.
• Manage the handover. Once the tribunal is constituted and can grant interim measures under Section 17, consider whether to maintain, withdraw or renew the court petition to avoid duplication (bearing in mind Section 9(3)).
• Coordinate disclosure. Align the evidence filed in court with the arbitral record to prevent inconsistencies being exploited.
• Protect confidentiality. Be alert to the public nature of court proceedings and the confidential nature of arbitration; limit what is placed on the court file where possible.
• Keep the tribunal informed. Where appropriate, apprise the tribunal of court applications so the two processes do not collide.

Client checklist and ready-to-use sample court prayer points

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:

• A copy of the contract and the arbitration clause.
• Board resolution or power of attorney authorising the filing.
• Particulars of the respondent’s assets, bank accounts and registered office.
• Evidence of the threat, correspondence, transaction records or industry intelligence.
• Financial documents establishing the quantum in dispute.
• A draft affidavit of urgency setting out the specific, time-sensitive risk.
• A draft undertaking as to damages.
• A concise, focused relief catalogue tailored to the threat.

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.

Conclusion: quick practical takeaways

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.

Sources

1. India Code (National Database of Acts), Arbitration and Conciliation Act, 1996
2. Legislative Department, Ministry of Law and Justice, Government of India
3. Supreme Court of India
4. eCourts Services (National Judicial Data Grid)
5. Bar Council of India
6. UNCITRAL (Model Law on International Commercial Arbitration)
7. Delhi High Court