Interim Measures

In plain language. Interim measures stop the situation getting worse while the dispute is being decided. There is little point winning an award if the money or property has vanished in the meantime.

The legal meaning. The Arbitration and Conciliation Act, 1996 provides two routes. Under Section 9, a party can apply to court for interim measures before or during arbitral proceedings, and in certain circumstances after an award but before enforcement. Under Section 17, the arbitral tribunal itself can grant interim measures once constituted — and since the 2015 amendment, a tribunal's order under Section 17 is enforceable in the same manner as an order of the court.

A practical example. A contractor claims payment and fears the employer will strip the project account before the arbitration concludes. The tribunal, on application under Section 17, orders the employer to maintain a specified balance or furnish security for the claimed amount.

Typical forms of relief. Preservation or custody of disputed goods or property; securing the amount in dispute; an injunction restraining a party from a specified action; appointment of a receiver; preservation of evidence.

Why it matters. The availability of interim relief was historically a strong argument for litigating rather than arbitrating. The combination of court powers under Section 9, enforceable tribunal powers under Section 17, and emergency arbitrator provisions in institutional rules has largely closed that gap.