Section 9 of the Arbitration Act: Interim Measures by a Court (2026)

Explainer · Arbitration · Section 9

Updated for 2026 · Claw Editorial

Section 9 of the Arbitration and Conciliation Act, 1996 is the emergency brake. Arbitration can take months to begin, and in the meantime assets can be moved, goods can perish, or the subject of the dispute can be sold. Section 9 lets a party go to court for urgent interim protection before, during, or just after arbitration. This explainer sets out what relief a court can grant, when you can apply, and the limits the 2015 amendment added to stop parties bypassing the tribunal. Last verified October 2026.

01Why interim protection is needed

Winning an arbitration is of little use if there is nothing left to recover. A party that fears the worst, money being siphoned off, machinery being removed, a property being sold, needs protection now, not after the award, which may be a year or more away.

Section 9 gives that protection. It lets a court step in to hold the position while the arbitration runs. It is one of the most used provisions in Indian arbitration, precisely because the real fight is often about preserving the subject matter.

02What Section 9 allows

Under Section 9, a court can grant interim measures of protection. These include:

• preservation, interim custody or sale of goods that are the subject of the arbitration agreement;
• securing the amount in dispute in the arbitration;
• detention, preservation or inspection of any property or thing;
• interim injunctions or the appointment of a receiver; and
• any other interim measure that appears just and convenient to the court.

03When you can apply

Section 9 can be used at three stages:

1. Before the arbitral proceedings begin;
2. During the arbitral proceedings; and
3. After the award is made, but before it is enforced under Section 36.

The ability to apply before arbitration begins is what makes Section 9 so valuable. A party can lock down an asset first, then set the arbitration in motion.

04The 90-day rule

To stop a party getting court relief and then sitting on the dispute, the 2015 amendment added Section 9(2). Where a court passes an interim measure before the arbitral proceedings begin, the arbitration must commence within 90 days from the date of that order, or within such further time as the court may allow.

If you get a Section 9 order before arbitration starts, you must commence the arbitration within 90 days, or within the further time the court allows.

This keeps the interim order tied to a real, moving arbitration, rather than a threat used only to freeze an asset.

05Section 9 after the tribunal is formed

The 2015 amendment also added Section 9(3). Once the arbitral tribunal is constituted, the court shall not entertain a Section 9 application unless it finds that circumstances exist which may not render the remedy under Section 17 efficacious.

In plain terms, once there is a tribunal, interim relief should normally come from the tribunal under Section 17, not the court. The court steps back in only where the tribunal remedy would not actually work, for example where speed or reach beyond the parties is needed.

06Section 9 or Section 17

Section 9 is relief from a court. Section 17 is the matching power of the arbitral tribunal. Since 2015, a tribunal has broadly the same powers as a court to grant interim measures, and its orders are enforceable like court orders.

So the choice usually runs like this: before the tribunal exists, or where the tribunal cannot help in time, go to court under Section 9. Once the tribunal is in place and can act effectively, use Section 17. If what you need is to compel arbitration in the first place, see Section 8 reference to arbitration.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Relief under Section 9 turns on how courts have weighed urgency, security for the claim, and the Section 9(3) bar once a tribunal exists. Claw lets you search more than 30 crore judgments and brings the relevant orders back in under five seconds, so you can see where a High Court granted or refused interim protection before arbitration began. It also tracks cases, orders and hearings across 9,102 courts, benches and forums, so a live application can be followed by party or advocate name.

Claw keeps your material confidential and does not use customer case documents to train its AI models. Start a free Claw account to watch a Section 9 application through to the award stage. To search the wider body of law, see case search across Indian courts.

08Sources and further reading

• India Code (Arbitration and Conciliation Act, 1996): indiacode.nic.in
• Legislative Department (bare Acts and amendments): legislative.gov.in
• PRS Legislative Research (arbitration amendments): prsindia.org
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

09Frequently asked questions