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.
Section 9 applications in Kerala are filed before the Kerala High Court or the competent civil court depending on the value of the matter. 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
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 a court — the Kerala High Court or the relevant District Court — 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.
The court has wide discretion under Section 9 to grant interim measures appropriate to the facts. The following are the most commonly sought orders:
Attachment before judgment of specific assets — bank accounts, immovable property, shares, vehicles, stock in trade.
Restraining a party from alienating, encumbering, transferring or otherwise dealing with disputed property or assets.
Freezing current accounts, savings accounts, fixed deposits and escrow accounts connected to the dispute.
Placing disputed property or a business under court-supervised receivership to prevent further damage.
Maintaining the existing state of affairs — preventing construction, demolition, or alteration of disputed property.
Directing production, preservation or protection of documents and records relevant to the arbitration.
Directing the respondent to deposit a sum in court or provide security equal to the amount in dispute.
In exceptional cases, restricting the movement of key individuals where there is a genuine flight risk.
The court applies a three-part test to any Section 9 application. All three must be satisfied:
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.
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.
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.
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.
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.
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.
Section 9 relief is typically the first step in a broader arbitration strategy. This office also handles:
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Arbitration lawyers Kerala — practice overviewIf 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.
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