What is the difference between Section 9 and 17 of Arbitration and Conciliation Act, 1996?

What is the difference between Section 9 and 17 of Arbitration and Conciliation Act, 1996?

Section 9 and Section 17 of the Arbitration and Conciliation Act, 1996, both deal with different aspects of arbitration proceedings in India:

1. Section 9:
   • This section deals with the power of the court to grant interim measures.
   • Under Section 9, a party to an arbitration agreement may apply to the court for interim measures before or during arbitral proceedings.
   • Interim measures could include injunctions, preservation of assets, or any other form of relief deemed necessary by the court.
   • The main objective of Section 9 is to provide parties with a mechanism to seek urgent relief to safeguard their rights or assets pending the final resolution of the dispute through arbitration.
   • The court may grant such interim measures after considering the nature of the dispute, urgency of relief sought, and any other relevant factors.
2. Section 17:
   • Section 17 deals with the power of the arbitral tribunal to grant interim measures.
   • Unlike Section 9, which involves court intervention, Section 17 empowers the arbitral tribunal itself to grant interim measures during the arbitration proceedings.
   • The arbitral tribunal may grant interim measures similar to those available under Section 9, including injunctions and preservation of assets.
   • Section 17 emphasizes the autonomy of the arbitral tribunal and its authority to manage the arbitration proceedings efficiently.
   • However, any party dissatisfied with the interim measures granted by the arbitral tribunal under Section 17 may still approach the court for appropriate relief or modification of the tribunal’s decision.

In summary, while both Section 9 and Section 17 deal with interim measures in arbitration proceedings, Section 9 involves court intervention, whereas Section 17 empowers the arbitral tribunal to grant such measures during the arbitration process.

What is the difference between Section 9 and 17 of Arbitration and Conciliation Act, 1996?

Both Section 9 and Section 17 of the Arbitration and Conciliation Act, 1996 deal with granting interim measures in an arbitration dispute, but they differ in three key aspects:

1. Authority:

• Section 9: Empowers the court to grant interim measures.
• Section 17: Grants the arbitral tribunal the authority to order interim measures.

2. Initiation:

• Section 9: Parties can approach the court directly for interim measures before, during, or after arbitral proceedings.
• Section 17: Parties request interim measures directly from the arbitral tribunal during the arbitration proceedings.

3. Enforcement:

• Section 9: The court-ordered interim measures are directly enforceable, and an appeal can be made to the court against the decision.
• Section 17: The interim measures ordered by the arbitral tribunal are treated as if they were court orders and are enforceable accordingly. If necessary, a party can seek assistance from the court in implementing or enforcing these measures.

In essence, Section 9 involves seeking interim relief from the court, while Section 17 involves seeking such relief directly from the arbitral tribunal during the ongoing proceedings.