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Discussion > Business Law > Arbitration > interim relief   Unanswered Threads Post New Topic

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There are 15 Replies to this message


ca.bhupendrashah


FCADISA
[ Scorecard : 1112]
PRO CHAT CALL
Posted On 06 August 2008 at 21:41 Report Abuse

can arbitrator award inerim relief?


Ravi Srivastava


lawyer
[ Scorecard : 32]
PRO CHAT CALL
Posted On 06 August 2008 at 21:57

yes he has absloute power under section 9


H. S. Thukral


Lawyer
[ Scorecard : 7901]
PRO CHAT CALL
Posted On 06 August 2008 at 22:45

I differ with Mr. Srivastava Advocate. No Interim relief can be provided by the Arbitral Tribunal. Under Section 9 of the ACA 1996, it is court who can make interim ordrs ( not relief). Arbitral Tribunal orders only interim measures under section 17 of the Act. Such measures would be directing the party to provide security for protection of subject matter of dispute or to grant injuction against one partner from causing hindrance in the work of firm. 


Srinivas.B.S.S.T


Advocate
[ Scorecard : 9543]
PRO CHAT CALL
Posted On 06 August 2008 at 23:48

I agree with Sri Harbhajan. The Arbitrator has no right to grant interim reliefs. Only civil court is competent for the same.


smith sharma


lecturer
[ Scorecard : 488]
PRO CHAT CALL
Posted On 07 August 2008 at 10:54

The Arbitrator cant awarded interim relifes, it's always in jurisdiction of civil courts.


Miss smith sharma


Mohit Attri


lawyer
[ Scorecard : 655]
PRO CHAT CALL
Posted On 07 August 2008 at 20:05

yes agree, arbitrator has no power to award interim relifes


 


but here is my next question


can arbitrator appoint a reciever???


smith sharma


lecturer
[ Scorecard : 488]
PRO CHAT CALL
Posted On 07 August 2008 at 20:15

Hi,


  Mr.mohit,


                   Arbitrator cant appoint a reciever.Arbitration is Quasi-judicial so arbitrator not  have a many powers which holds civil courts.


thanx


Mis smith sharma{lawyer}


ca.bhupendrashah


FCADISA
[ Scorecard : 1112]
PRO CHAT CALL
Posted On 07 August 2008 at 20:50

ok


ca.bhupendrashah


FCADISA
[ Scorecard : 1112]
PRO CHAT CALL
Posted On 07 August 2008 at 20:51

can arbitrator refuse permission u/s 27 ?


ca.bhupendrashah


FCADISA
[ Scorecard : 1112]
PRO CHAT CALL
Posted On 07 August 2008 at 20:52

ok





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