How to Seek Interim Relief under Section 9 of the Arbitration Act (2026)

How-To Guide · Arbitration

Updated for 2026 · Claw Editorial

Arbitration can take months to begin, and in that time assets can be moved, goods can perish, or the thing in dispute can be sold. Section 9 of the Arbitration and Conciliation Act, 1996 is the emergency brake. It lets a party go to court for urgent interim protection before, during, or just after arbitration. This is court relief, not tribunal relief. You use it when there is no tribunal yet, or when the tribunal cannot give you effective protection in time. This guide explains when a court can act, what measures you can ask for, the 90-day rule and the tribunal limit added in 2015, and how to follow the application. Last verified October 2026.

01What Section 9 interim relief is

Section 9 lets a party ask a court for interim measures of protection in connection with an arbitration. It is meant to keep the dispute alive and the remedy meaningful until the tribunal decides, or until the award is enforced.

Think of it as holding the position. If the other side might sell the disputed property, empty a bank account, or let perishable goods spoil, Section 9 lets the court step in quickly. For the section in detail, see Section 9 of the Arbitration Act explained.

02When you can go to court

Section 9 relief can be sought at three points in time:

• Before the arbitral proceedings begin.
• During the arbitral proceedings.
• After the award is made, but before it is enforced under Section 36.

The most common use is before arbitration starts, when there is no tribunal yet to turn to. Once the tribunal exists, the picture changes, as explained below.

03What measures you can ask for

The measures a court can grant under Section 9 include:

• Preservation, interim custody or sale of goods that are the subject of the arbitration.
• Securing the amount in dispute in the arbitration.
• Detention, preservation or inspection of any property or thing in dispute.
• An interim injunction or the appointment of a receiver.
• Any other interim measure that appears just and convenient to the court.

In deciding, the court applies principles close to those for interim injunctions: a good arguable case, a real risk of harm, and the balance of convenience.

04The 90-day rule and the tribunal limit

The 2015 amendment added two important limits to stop Section 9 from being used to delay or sidestep the tribunal:

• Section 9(2), the 90-day rule: if the court grants interim relief before the arbitration begins, you must start the arbitration within 90 days of the order, or within such further time as the court allows. This stops a party from grabbing relief and then sitting on the dispute.
• Section 9(3), the tribunal limit: once the arbitral tribunal has been constituted, a court shall not normally entertain a Section 9 application unless it finds that the remedy under Section 17, before the tribunal, is not efficacious.

05Which court and what to show

The application goes to the court that has jurisdiction over the arbitration, which for commercial disputes above the specified value is usually the Commercial Court or Commercial Division of the High Court. You should be ready to show:

• A valid arbitration agreement between the parties.
• A genuine and present dispute that is, or will be, referred to arbitration.
• Urgency and a real risk that makes interim protection necessary.
• That the balance of convenience favours granting the measure.

For how a tribunal grants parallel relief, see Section 17 interim measures by the tribunal.

06Step by step: how to apply

1. Confirm the agreement to arbitrate and the urgency of the risk you face.
2. Decide the timing and whether a tribunal already exists; if it does, consider Section 17 first.
3. Draft the application setting out the facts, the measure you want, and why it is just and convenient.
4. File it in the right court with supporting documents and, where needed, an ad-interim prayer for immediate protection.
5. Start the arbitration within 90 days if you obtained relief before the proceedings began.
6. Comply with conditions the court sets, and collect a certified copy of the order.

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.

A Section 9 application is urgent, and it helps to know how courts have granted interim measures in similar disputes before you draft it. Claw lets you search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to find how courts have handled Section 9 relief, the 90-day rule and the tribunal limit, with results in under 5 seconds. It also tracks cases, orders and hearings across 9,102 courts, benches and forums, so you can follow the Section 9 proceedings by party name and get the next date without scanning cause lists. Claw does not use your case documents to train its AI models.

Create a FREE Claw account to track your Section 9 application by party name, and use case search across Indian courts to find interim relief orders in similar arbitrations.

08Sources and further reading

• India Code (Arbitration and Conciliation Act, 1996): indiacode.nic.in
• Legislative Department (amendments): legislative.gov.in
• Supreme Court of India (judgments on Section 9): sci.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Interim relief is discretionary and urgent, so take advice from an advocate quickly.

09Frequently asked questions