Arbitration-- Interim Relief--Unsuccessful Party in Arbitral Proceedings Entitled to Apply for Interim Measures Subject to Higher Threshold
The right to seek interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 is available to any party to an arbitration agreement, including an unsuccessful party in arbitral proceedings. The expression "a party" under Section 2(h) cannot be narrowed to mean only an award-holder or successful party at the post-award stage. However, the threshold for grant of interim relief to an unsuccessful party is significantly higher and is subject to strict judicial scrutiny. Sections 9 and 36 operate in distinct spheres and are not interchangeable remedies.
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