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History of Section 9 and interplay with Section 17

Speaker, Nakul Dewan first and foremost established the fact that Interim Reliefs are quick, fast and nimble. He elaborated that Interim Relief is essential during the stage of drafting of a contract, as parties may have a covert fear of the contract being breached. Using this as the base for the discussions to follow, the speaker took the participants to the bare reading Section 9 of the Arbitration and Conciliation Act, 1996. He talked about the much-criticised Bhatia International Case and about the post amendment Section 9 where the court can grant Interim Relief, even if the seat is outside India.

The speaker broadly covered the issues with respect to Section 9 of the Act. He then linked this to Section 17, both pre and post its amendment. This was followed by a brief discussion on the concept of Party Autonomy in the sphere of Arbitration, and on the role of Emergency Arbitration Orders, wherein he referred to Amazon vs Future Retail Limited. The session concluded with a suggestion from the speaker that, one should have enough information before jumping before a tribunal for adjudication of the dispute.

Resource Person

Nakul Dewan

Senior Advocate, Supreme Court of India