Interim Relief in Arbitration: Section 9 vs 17 Explained

Interim relief in arbitration protects assets and rights while the dispute itself is being decided.

An arbitral award is only as valuable as the assets left to pay it. By the time an award is passed, money can be moved, goods sold and bank guarantees encashed. That is why interim relief is often the most important part of an arbitration strategy. Indian law gives two routes: the court under Section 9 and the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996. This article explains when to use each, what relief is available and what the Supreme Court has said recently.

What interim measures can be granted?

Both Section 9 and Section 17 allow broadly the same kinds of protection:

• appointing a guardian for a minor or a person of unsound mind for the arbitration;
• preservation, interim custody or sale of goods that are the subject of the agreement;
• securing the amount in dispute, for example by directing a deposit or a bank guarantee;
• detention, preservation or inspection of property, including entry on land and taking samples;
• an interim injunction or the appointment of a receiver;
• any other interim measure of protection that appears just and convenient.

Section 9: interim relief from the court

When can you apply?

A party may apply to the court before arbitral proceedings begin, during the proceedings, or after the award but before it is enforced under Section 36. “Court” here means the principal civil court or commercial court with jurisdiction at the seat, or the High Court in the case of an international commercial arbitration.

Two conditions to remember

• 90-day rule: if the court grants interim relief before arbitration starts, the arbitral proceedings must commence within 90 days of the order, or within such further time as the court allows (Section 9(2)). Missing this can cost you the protection.
• Once the tribunal is in place: after the tribunal is constituted, the court will not entertain a Section 9 application unless the remedy before the tribunal under Section 17 would not be efficacious (Section 9(3)). This pushes parties to approach the tribunal first.

What does the court look at?

Courts apply the familiar tests of a prima facie case, balance of convenience and irreparable harm. When asked to secure the amount in dispute, they are guided by the principles of attachment before judgment in the Code of Civil Procedure, but the Supreme Court has made clear in Essar House v. Arcellor Mittal Nippon Steel India (2022) that Section 9 courts are not bound by the technicalities of the CPC. The applicant still has to show a real risk that the award would otherwise be frustrated.

Section 17: interim relief from the arbitral tribunal

Once constituted, the tribunal can grant the same range of interim measures as a court, at any time during the arbitral proceedings. Since the 2015 amendment, an order of the tribunal under Section 17 is treated as an order of the court and can be enforced under the Code of Civil Procedure (Section 17(2)). An appeal lies to the court under Section 37(2)(b).

Applying to the tribunal is often faster and more practical: the tribunal already knows the dispute, can hear the matter at short notice and can tailor the relief. Note that after the 2019 amendment, the tribunal’s Section 17 power is limited to the period of the proceedings; post-award protection must come from the court under Section 9.

Section 9 vs Section 17 at a glance

	Section 9 (Court)	Section 17 (Tribunal)
Before arbitration begins	Yes, but arbitration must start within 90 days	No (tribunal not yet formed)
During arbitration	Only if Section 17 remedy is not efficacious	Yes, the primary forum
After the award, before enforcement	Yes	No
Enforcement of order	As a court order	As if an order of the court (Section 17(2))
Appeal	Section 37(1)(b)	Section 37(2)(b)

Can the losing party get interim relief after the award?

Usually it is the award-holder who seeks to secure the amount awarded. But in National Projects Construction Corporation Ltd. v. Ishvakoo (India) Pvt. Ltd. (August 2026), the Supreme Court confirmed that a party who lost the arbitration can also approach the court under Section 9 after the award, while its Section 34 challenge is pending. The bar is higher: relief will be given only in “rare and compelling” cases, to prevent irreparable prejudice and keep the challenge meaningful.

On the facts, the Court upheld an order directing the other side to deposit Rs 3.5 crore it had obtained by invoking bank guarantees, even though it had filed no counter-claim in the arbitration. Earlier in 2026, in Home Care Retail Marts v. Haresh N. Sanghavi, the Court had likewise said Section 9 is open to either party at any stage, including after the award.

Stopping the invocation of a bank guarantee

Many Section 9 petitions seek to restrain the encashment of a performance or advance bank guarantee. Courts treat an unconditional bank guarantee as an independent contract and interfere only in narrow situations: egregious fraud of which the bank has notice, or irretrievable injustice or special equities. An injunction is therefore difficult to obtain, and the application should be supported by strong documents and filed quickly, before the bank pays.

Emergency arbitration

Many institutional rules allow a party to seek urgent relief from an emergency arbitrator before the main tribunal is formed. In Amazon.com NV Investment Holdings v. Future Retail (2021), the Supreme Court held that an emergency arbitrator’s order in an India-seated arbitration is enforceable under Section 17(2). The draft Arbitration and Conciliation (Amendment) Bill, 2024 proposes to recognise emergency arbitrators in the statute itself, but as of mid-2026 it had not been introduced in Parliament, so the institutional route remains the way to access this remedy.

Foreign-seated arbitrations

Under the proviso to Section 2(2), Indian courts can grant Section 9 relief in an international commercial arbitration seated outside India, for example to protect assets located in India, unless the parties have agreed otherwise.

Practical checklist before you apply

• Confirm a binding arbitration clause and identify the seat (this decides the correct court).
• Collect evidence of urgency: notices of termination, attempts to sell assets, invocation letters for bank guarantees.
• Show a prima facie case on the merits with the contract, correspondence and invoices.
• Send or be ready to send the Section 21 notice, so arbitration can start within 90 days.
• If the tribunal has already been constituted, apply to the tribunal first under Section 17.
• Be ready to offer an undertaking or security if the court asks for one.

Frequently asked questions

How quickly can a Section 9 order be obtained?

In urgent cases, courts can grant ad interim relief on the first date, sometimes without notice to the other side, followed by a full hearing.

Do I need to start arbitration before going to court?

No. You can apply under Section 9 before arbitration begins, but you must then start arbitration within 90 days of the order or the further time allowed.

Is a tribunal’s interim order binding?

Yes. Section 17(2) makes it enforceable as if it were an order of the court.

For a broader overview of how a case moves from notice to award, read Arbitration in India: A Step-by-Step Guide. If an award has already been passed, see Challenging an Arbitral Award Under Section 34.

Need urgent interim protection?

Avinash Law Offices handles Section 9 petitions, Section 17 applications and bank guarantee disputes as part of its arbitration practice in Lucknow and before the Supreme Court. Contact us or book a consultation.

Interim relief in arbitration: official sources

The text of Sections 9 and 17 is on India Code, and Supreme Court judgments, including the 2026 rulings discussed above, are on the Supreme Court of India website. For urgent interim relief in arbitration, contact us.

Frequently asked questions on interim relief in arbitration

Who can grant interim relief in arbitration?

Both the court under Section 9 and the arbitral tribunal under Section 17 can grant interim relief in arbitration.

Can interim relief in arbitration be granted before the arbitration starts?

Yes, the court can grant it under Section 9, but the arbitration must begin within 90 days of the order.

Is interim relief in arbitration available after the award?

Yes, from the court under Section 9 until the award is enforced. The tribunal’s power under Section 17 ends with the award. Because timing is critical, interim relief in arbitration should be sought as soon as there is a real risk to assets. Well-prepared applications for interim relief in arbitration explain the urgency with documents.

How do courts approach these applications?

Courts treat applications for interim relief in arbitration with urgency. A party seeking interim relief in arbitration should show a prima facie case, the balance of convenience and the risk of irreparable harm, and undertakings are often required before interim relief in arbitration is granted.

Interim relief in arbitration can also protect evidence and documents, and our lawyers regularly advise on interim relief in arbitration before courts and tribunals. Because timing is critical, interim relief in arbitration should be sought as soon as there is a real risk to assets.

A practical checklist before you apply

Courts expect an applicant for interim relief in arbitration to come prepared. Assemble the contract, the arbitration clause, the key correspondence showing the dispute, and evidence of the threat to assets, such as a notice invoking a bank guarantee or an attempt to sell property.

Prepare a short chronology, identify the exact relief you need, and be ready to offer an undertaking or security if the court asks. If the arbitral tribunal is already in place, consider applying to it first under Section 17, which is often the quickest route to interim relief in arbitration.

• The contract and arbitration clause
• Evidence of the threat to assets
• A short chronology of events
• A clear statement of the relief sought

This article is for general information only. It does not constitute legal advice or a solicitation of work. Facts and law change; please take specific advice on your matter.