ARBITRATION ACT 1996 SECTION -9

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When can an application under section 9 be filed? 

 
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Advocate

The Application under section 9 can be filed under the following conditions:

Interim measures, etc. by court. -

 

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: -

(i) For the appointment of a guardian for a minor or a person of unsound

mind for the purposes of arbitral proceedings; or

(ii) For an interim measure of protection in respect of any of the following

matters, namely: -

(a) The preservation, interim custody or sale of any goods, which are

the subject matter of the arbitration agreement;

(b) Securing the amount in dispute in the arbitration;

(c) 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 authorising for any of

the aforesaid purposes any person to enter upon any land or

building in the possession of any party, or authorising 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;

(d) Interim injunction or the appointment of a receiver;

(e) Such other interim measure of protection as may appear to the

court to be just and convenient,

And the Court shall have the same power for making orders as it has for

the purpose of, and in relation to, any proceedings before it.


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under this section can the matter be filed in Singapore under English law if any one of the parties is not an Indian company. How would the law apply and are there relevant cases to this where the interim injunction has been granted in an internation court (Singapore or London  

 
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laws applicable will be Indian laws

 
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If both the parties are not indian and the suit is filed in Singapore under English Law then Section 9 shall not apply. Section 9 shall apply if it only if it is filed in India.

 
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