Civil

Application under Section 9 of the Arbitration and Conciliation Act, 1996

An application under Section 9 of the Arbitration and Conciliation Act, 1996 is a petition filed by a party to an arbitration agreement seeking urgent interim protection from a court. It secures the subject matter of the dispute before or during arbitral proceedings, preventing the other party from acting in a way that would render a final award ineffective.

This application is filed before the Principal Civil Court of original jurisdiction in a district or the High Court exercising ordinary original civil jurisdiction, as defined under Section 2(1)(e) of the Act. The court's power to grant relief mirrors the principles of Order XXXIX of the Code of Civil Procedure, 1908, requiring the applicant to establish a prima facie case, balance of convenience, and irreparable injury.

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Governing law
Arbitration and Conciliation Act 1996 (as amended by Act 3 of 2016 and Act 33 of 2019)
Sections
s. Section 9s. Section 2(1)(e)s. Section 17
Filed before
High Court (Ordinary Original Civil Jurisdiction) / Principal Civil Court of original jurisdiction

When this is the right filing

  • To seek an interim injunction, appointment of a receiver, or an order for securing the amount in dispute before the arbitral tribunal is constituted.
  • To preserve the subject matter of the arbitration, such as preventing the sale, transfer, or disposal of property or assets.
  • To obtain an order for interim custody, preservation, or inspection of property that is the subject of the dispute.
  • To seek interim measures after the tribunal is constituted, but only when the remedy under Section 17 before the tribunal is pleaded and shown to be inefficacious.
  • Do not use this application if the tribunal is already constituted and can provide an efficacious remedy under Section 17; the court will decline to entertain the petition.

What the court looks for

  • A clear pleading on maintainability, specifically identifying the correct 'Court' as defined in Section 2(1)(e) based on the seat of arbitration and the nature of the dispute.
  • A specific averment that the remedy under Section 17 is inefficacious, if the arbitral tribunal has already been constituted, to satisfy the bar under Section 9(3).
  • A demonstration of the three-fold test: a strong prima facie case, the balance of convenience in the applicant's favour, and the likelihood of irreparable injury if the relief is not granted.
  • An undertaking in the prayer clause to commence arbitral proceedings within 90 days, as required by Section 9(2), if the order is passed before the arbitration begins.
  • A properly structured petition with a cause title, a statement of facts, detailed grounds, a specific prayer, and a supporting affidavit with a list of annexures.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Ordinary original civil jurisdiction
  2. 2Facts
  3. 3Grounds
  4. 4Prayer
  5. 5Affidavit in support
  6. 6Index / annexures
How it opens
1. That the Petitioner [petitioner relation] with the Respondent No. 1 dated [agreement date] (hereinafter referred to as the "Agreement"), for [agreement subject]. A true copy of the Agreement is annexed hereto as Annexure P-1.

Bracketed items are filled from your case.

Frequently asked questions

Can I file a Section 9 application after the arbitral tribunal has been constituted?

Yes, but the court will only entertain the application if you explicitly plead and demonstrate that the remedy available under Section 17 from the tribunal itself is inefficacious. This is a statutory bar under Section 9(3), and failure to plead this is a ground for the court to reject the application.

What is the correct court to file a Section 9 application for a domestic arbitration?

For a domestic arbitration that is not an international commercial arbitration, the 'Court' is defined under Section 2(1)(e) as the Principal Civil Court of original jurisdiction in the district. This includes the High Court when it exercises its ordinary original civil jurisdiction, such as in Delhi. The court is determined by the seat of arbitration.

What must be included in the prayer if the court grants an interim order before the arbitration starts?

The prayer must include an undertaking to commence the arbitral proceedings within 90 days of the court's order, or within such further time as the court may determine. This is a mandatory requirement under Section 9(2) of the Act, and the applicant must act on this undertaking to keep the interim protection valid.

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