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ca.bhupendrashah (FCADISA)     06 August 2008

interim relief

can arbitrator award inerim relief?


Learning

 15 Replies

Ravi Srivastava (lawyer)     06 August 2008

yes he has absloute power under section 9

H. S. Thukral (Lawyer)     06 August 2008

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)     06 August 2008

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)     07 August 2008

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


Miss smith sharma

Mohit Attri (lawyer)     07 August 2008

yes agree, arbitrator has no power to award interim relifes


 


but here is my next question


can arbitrator appoint a reciever???

smith sharma (lecturer)     07 August 2008

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)     07 August 2008

ok

ca.bhupendrashah (FCADISA)     07 August 2008

can arbitrator refuse permission u/s 27 ?

ca.bhupendrashah (FCADISA)     07 August 2008

ok

Sameer Zaz (Advocate)     08 August 2008

Under Section 9 only city civil court has power to grant intreim relief pending arbitration

Mohit Attri (lawyer)     08 August 2008

THANKS MIS SMITH SHARMA


 


RGRD


ADV MOHIT ATTRI

Srinivas.B.S.S.T ( Advocate)     08 August 2008

As rightly  opined by my
friends. Only civil courts have powers to grant intereim orders as per
Section 9. A arbitrator cannot grant any interim relief.

KANDE VENKATESH GUPTA (ADVOCATE)     08 August 2008

Sec.17 of the Arbitration & Conciliation Act 1996 empower the Arbitrator to grant any interim relief.   In a very recent Judgment Dated: 7-8-2008 between GAIL Vs. Bal Kishan Agarwal Gas Industries, the Supreme Court held that pending arbitration proceedings, arbitration can make interim arrangements between the parties by invoking the provisions of Sec.17 of the A & C Act, 1996, and also directed the parties to approach the arbitrator, before whom the proceedings are pending for interim arrangements

Ravi Srivastava (lawyer)     18 August 2008

abitrator can grant interim relief but same is diferent from the granting of interim relef by a civil court to the extent  that the tribunal shall decide the issue in question finally and as per section 2 (1) (c) which recognises interim awards as awards, hence there should not be any doubt that that arbitrator cannot grant interim relief.


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