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Report No. 176

8. Substitution of new section for section 9

For section 9 of the principal Act, the following section shall be substituted, namely:-

Interim measures, etc., by court "9. (1) A party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court for interim measures.

(2) The Court shall have the same powers for making orders under sub-section (1) as it has for the purpose of, and in relation to, any proceedings before it.

(3) In particular and without prejudice to sub-section (2), a party may apply to the court for any of the following, namely:-

(a) appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings;

(b) interim measure of protection in respect of any of the following matters, namely:-

(i) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;

(ii) securing the amount in dispute in the arbitration;

(iii) the detention, preservation or inspection of any property or thing which is the subject matter of the dispute in arbitration, or as to which any question may arise therein and authorizing for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorizing any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;

(iv)interim injunction or the appointment of a receiver.

(c) other interim measure of protection as may appear to the court to be just and convenient.

(4) Where a party makes an application under sub-section(1) for the grant of interim measures before the commencement of arbitration, the court shall direct the party in whose favour the interim measure is granted, to take effective steps for the appointment of the arbitral tribunal in accordance with the procedure specified in section 11, within a period of thirty days from the date of the said order.

(5)The court may direct that if the steps referred to in sub-section (1) are not taken within the said period of thirty days specified under sub-section (4), the interim measure granted under sub-sections (2) and (3), shall stand vacated on the expiry of the said period:

Provided that the court may on sufficient cause being shown for the delay in taking such steps, extend the said period.

(6) Where an order granting an interim measure stands vacated under sub-section (5), the court may pass such further orders as to restitution as it may deem fit against the party in whose favour the interim measure was granted under this section."



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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