What is the differences between Section 9 and 17 of the Arbitration and Conciliation Act

Interim Relief under Arbitration

Both Section 9 and Section 17 of the Arbitration and Conciliation Act, 1996 are crucial as they provide mechanism for the parties in arbitration to seek interim relief. Need for interim measures arise for varied reasons and circumstances for example it can be an apprehension of selling off the disputed asset or pligging a continuous breach of contract. 

Difference between Power of Court and Arbitrator to grant Interim Relief

The broad differences between Section 9 and 17 of the Arbitration and Conciliation Act can be understood under following heads-

Forum for Interim Relief in Arbitration

Section 9 of the Arbitration and Conciliation Act empowers Civil Court to grant interim reliefs.

Whereas Section 17 of the Arbitration and Conciliation Act empowers Arbitral Tribunal to grant interim reliefs.

Scope of Section 9 and 17 of the Arbitration and Conciliation Act

Section 9 of the Act gives powers to the Civil Court hear and pass orders for interim relief to disputing parties desirous of dispute resolution by way of Arbitration in all kinds of matters.

Section 17 of the Act allows the duly appointed Arbitral Tribunal to pass interim orders only in the ongoing Arbitration pending before him/her.

Can power to pass interim relief order be excluded in Arbitration

Power confered by Section 9 of the Arbitration and Conciliation Act on a Civil Court emanates from a duly promulgated statute and is not open for review or rescind by the Parties.

Power confered by Section 17 of the Arbitration and Conciliation Act on a Arbitral Tribunal is subject to concurence of the disputing parties. By inclusion of a stipulation in the Arbitration Agreement the power under Section 17 can be removed.

Stage of passing of Interim Relief in Arbitration

Power confered by Section 9 of the Arbitration and Conciliation Act on a Civil Court can be exercised at any stage, even before Arbitral Tribunal is constituted.

Power confered by Section 17 of the Arbitration and Conciliation Act can be exercised only when an Arbitral Tribunal is duly constituted.

Interim Relief in Domestic and International Arbitration

Section 9 of the Act can be invoked only in case of Domestic Arbitration.

Section 17 on the other hand Invoked even in International Arbitrations.

Execution of Interim Orders under Arbitration

Interim Orders passed by Civil Court are easier to execute owing to conventional respect the Court Orders garner.

Interim Relief orders passed by Arbitral Tribunal has now been accorded same status under amended Section 17 but their acceptablity by other Govt agencies like Police is still achallenge.