Arbitration — Interim Relief
Section 9 Interim Relief — Arbitration Act, Kerala
If the other side is moving assets, collecting receivables, or destroying records, you have a narrow window. Section 9 of the Arbitration and Conciliation Act, 1996 gives the court power to act before it is too late.
Quick Summary
Section 9 of the Arbitration and Conciliation Act, 1996 empowers a party to apply to a court for interim relief before, during, or after arbitral proceedings. Applications may seek interim custody of property, injunctions restraining disposal of assets, the appointment of a receiver, or any other interim measure of protection. Under the 2015 Amendment, once the arbitral tribunal is constituted, the court shall not entertain a Section 9 application unless it finds that remedies under Section 17 are not efficacious.
In a domestic arbitration, a Section 9 application is filed before the District Court — which, for commercial disputes of specified value, sits as the Commercial Court at the District Judge level under S.R.O. No. 349/2026. In an international commercial arbitration, the Court is the Kerala High Court under Section 2(1)(e)(ii). The standard for granting interim relief is a prima facie case, balance of convenience, and irreparable harm. Urgency is a material factor — applications for freezing orders or interim injunctions before an arbitration is constituted must demonstrate immediate risk of asset dissipation.
Key references: Arbitration & Conciliation Act, 1996 · Kerala High Court · Kerala HC Arbitration Centre · Last reviewed: June 2026
What Is Section 9?
The office is located in Kakkanad, Ernakulam. Section 9 interim relief applications are filed before the competent court at Ernakulam or jurisdictional courts in other districts. The Kerala High Court Arbitration Centre at Ernakulam, is the principal forum for arbitration proceedings in Kerala, while Section 11 appointment matters and other proceedings falling within High Court jurisdiction are handled before the High Court of Kerala at Ernakulam.
Section 9 of the Arbitration and Conciliation Act, 1996 empowers the competent court — the District Court, sitting as the Commercial Court where applicable, or the Kerala High Court in an international commercial arbitration — to grant interim protection in connection with an arbitration. It is available at three stages: before arbitration begins, while arbitration is in progress, and after an award is passed but before it is enforced.
Section 9 is not a substitute for arbitration. It is a parallel, protective mechanism that preserves the subject matter of the dispute so that the eventual award is not rendered worthless by the time it is made.
What Orders Can a Court Grant?
The court has wide discretion under Section 9 to grant interim measures appropriate to the facts. The following are the most commonly sought orders:
Asset Attachment
Attachment before judgment of specific assets — bank accounts, immovable property, shares, vehicles, stock in trade.
Interim Injunction
Restraining a party from alienating, encumbering, transferring or otherwise dealing with disputed property or assets.
Bank Account Freeze
Freezing current accounts, savings accounts, fixed deposits and escrow accounts connected to the dispute.
Appointment of Receiver
Placing disputed property or a business under court-supervised receivership to prevent further damage.
Status Quo Order
Maintaining the existing state of affairs — preventing construction, demolition, or alteration of disputed property.
Evidence Preservation
Directing production, preservation or protection of documents and records relevant to the arbitration.
Securing the Amount
Directing the respondent to deposit a sum in court or provide security equal to the amount in dispute.
Travel Restraint
In exceptional cases, restricting the movement of key individuals where there is a genuine flight risk.
The Legal Threshold — What You Must Establish
The court applies a three-part test to any Section 9 application. All three must be satisfied:
1. Prima Facie Case
Your claim under the arbitration agreement must be arguable — not necessarily certain to succeed, but not frivolous either. The court does not decide the merits at this stage; it satisfies itself that the applicant has a legitimate grievance that deserves to go to arbitration.
2. Balance of Convenience
The hardship to the applicant if relief is refused must outweigh the hardship to the respondent if it is granted. Courts look at the relative financial positions, the nature of the assets at risk, and the reversibility of any harm.
3. Irreparable Harm
Money damages alone must be an inadequate remedy. This element is readily established where assets are being dissipated, concealed, or moved beyond Indian jurisdiction — since there would be nothing to execute an eventual award against.
Before, During, and After Arbitration
Before Arbitration — Section 9(1)
A Section 9 application may be filed before arbitration proceedings have commenced. No prior notice invoking the arbitration clause is required, though the applicant must undertake to constitute the Arbitral Tribunal within 90 days of the Section 9 order (or such extended time as the court may permit). Failure to constitute the Tribunal within this period renders the Section 9 order liable to be vacated.
During Arbitration — Sections 9 and 17
Once the Tribunal is constituted, Section 17 gives the Tribunal its own power to grant interim measures — identical in scope to Section 9. In practice, urgent applications during an ongoing arbitration are often filed simultaneously under both provisions, with the court application providing immediate relief while the Tribunal is convened.
After Award — Section 9(1)(iii)
Section 9 is also available after the award is passed, to protect the award debtor's assets pending the formal enforcement process under Section 36. This prevents the losing party from dissipating assets during the 3-month limitation period for challenging the award under Section 34.
Kerala High Court — Filing Practice
- Original Side jurisdiction: commercial disputes above INR 3 lakhs are filed before the High Court
- Urgent applications are moved before the duty judge by filing a mention slip — no advance appointment required
- Ex parte ad interim orders can be obtained on the day of filing on showing urgency and prima facie case
- Notice is issued to the opposite party; affidavit-in-opposition is filed within the time fixed (typically 2–4 weeks)
- Final hearing on the Section 9 application follows — typically within 4–8 weeks of filing
- No separate court fee on Section 9 applications (miscellaneous petition)
Documents Required
- The main contract or agreement containing the arbitration clause
- All correspondence, invoices, payment records and documents evidencing the dispute
- Evidence of the threatened harm — bank statements showing transfers, communications about asset sales, property registration records
- Valuation of the assets sought to be protected or attached
- Draft affidavit in support of the application
Related Arbitration Services
Section 9 relief is typically the first step in a broader arbitration strategy. This office also handles:
Key Judgments — Interim Relief & Arbitration
Common questions
Can I apply for Section 9 relief before issuing a notice of arbitration?
Yes. Section 9 does not require a prior notice invoking the arbitration clause. The court may grant interim protection before arbitration begins, provided a valid arbitration agreement exists. The applicant must undertake to commence arbitral proceedings within 90 days of the order, or within such further time as the court may permit.
Can a bank account be frozen under Section 9?
Yes. Attachment of bank accounts — current accounts, savings accounts, fixed deposits, and escrow accounts — is among the most frequently sought Section 9 orders. The application must identify the bank, branch, and account number and demonstrate that the funds relate to the dispute. The court issues the attachment order to the bank directly.
What if the other party violates the Section 9 order?
Violation is contempt of court under the Contempt of Courts Act, 1971. The court may impose imprisonment up to six months, a fine, or both. An application for contempt is filed before the same court that issued the original Section 9 order. Contempt proceedings are initiated by filing an affidavit setting out the specific acts of violation with supporting evidence.
Does Section 9 apply to international commercial arbitrations seated outside India?
Yes. Following BALCO v. Kaiser Aluminium (2012), Part I of the Act — including Section 9 — does not, as a general rule, apply to foreign-seated arbitrations. However, the proviso to Section 2(2), inserted by the 2015 Amendment, restores Section 9 (together with Sections 27 and 37(1)(a)) to international commercial arbitrations seated outside India, unless the parties have agreed otherwise. Section 9 relief therefore remains available as a protective measure where assets are situated in India, subject to that agreement.
How quickly can an ex parte order be obtained?
An ex parte ad interim order can be obtained on the same day or the next working day by filing a mention before the duty judge, demonstrating urgency and a prima facie case. This is standard practice before the competent court for commercial matters. The opposite party is heard on notice within the following weeks. The interim order remains operative until the final hearing unless vacated.
Can the Arbitral Tribunal grant the same relief as a Section 9 order?
Yes. Section 17 gives the Arbitral Tribunal, once constituted, the power to grant interim measures identical in scope to Section 9. However, Tribunal orders under Section 17 are only enforceable as a decree of a civil court — a step that itself takes time. Courts remain the faster forum for urgent interim protection, particularly where third-party assets or persons are involved.
Discuss Your Situation
If assets are at risk or the other party is acting in bad faith, the time to file is now — not after further delay. The office responds to all enquiries within one working day. NRI and overseas clients are accommodated across time zones.
Submission of an enquiry does not create an advocate–client relationship. Please do not share confidential information until a formal engagement is confirmed.