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Arbitration Petition Filing: Section 9, 11 and 34 Applications — Process and Drafting

Guide to filing petitions under Arbitration Act. Covers Section 9 (interim relief), Section 11 (arbitrator appointment), Section 34 (challenging awards), and key drafting tips.

TaxClue Team Tax & Compliance Expert

May 13, 2026 2 min read 12 views Updated Jul 11, 2026

Expert Reviewed High Complexity

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Arbitration proceedings often require court intervention at specific stages. The three most important court petitions in arbitration are: Section 9 (interim relief before/during arbitration), Section 11 (arbitrator appointment), and Section 34 (challenging the award). This guide explains each with drafting tips.

Section 9 — Interim Measures by Court

A party to an arbitration agreement can apply to the court (before or during arbitral proceedings) for:

Appointment of guardian for minor/incapacity cases
Preservation, interim custody, or sale of goods
Attachment before judgment (to secure the subject matter)
Injunction against dealing with disputed property

Procedure: File before High Court (International) or designated civil court. Must demonstrate: prima facie case, balance of convenience in your favor, irreparable harm if interim relief not granted.

Section 11 — Appointment of Arbitrator by Court

If parties fail to constitute the arbitral tribunal as per agreement (or arbitrator refuses), either party applies to the relevant court:

International Commercial Arbitration: Supreme Court
Domestic Arbitration: High Court (since 2019 amendment)
Under 2019 amendment: Designated arbitral institutions can also appoint if authorized by parties
Court must appoint within 60 days

Section 34 — Setting Aside the Award

Application to set aside an arbitral award filed before High Court within 3 months of receiving the award (extendable by 30 days on sufficient cause). Grounds:

Incapacity of party
Invalid arbitration agreement
No proper notice or opportunity to present case
Award beyond scope of submission
Composition or procedure contrary to agreement
Subject matter not capable of arbitration in India
Patent illegality (domestic only)
Conflict with public policy of India

Drafting Tips for Section 34 Petition

Focus on specific legal grounds — do not use as a second appeal on facts
ITAT is final fact-finder; Section 34 court cannot re-examine facts
Plead clearly which ground from Section 34(2) is applicable
Attach award, arbitration agreement, and all proceedings record
File within limitation period — delay is generally not condoned

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Frequently Asked Questions

What relief can be sought under Section 9 of Arbitration Act?

Interim relief including injunctions, attachment, preservation of property, and custody of goods — before or during arbitral proceedings.

Who appoints the arbitrator under Section 11 after 2019 amendment?

For domestic arbitration, the High Court (or designated arbitral institution authorized by parties). For international commercial arbitration, the Supreme Court.

What is the time limit for Section 34 petition?

3 months from receipt of the arbitral award, extendable by 30 days on sufficient cause.

Can a court re-examine facts in a Section 34 petition?

No. The court cannot re-examine the merits or factual findings. Section 34 is limited to specific legal grounds — patent illegality and public policy.

What is 'patent illegality' in Section 34?

An error of law that is apparent on the face of the award — so fundamental that allowing it to stand would shock the conscience. Only for domestic arbitration.

Does filing Section 34 automatically stay enforcement?

No (post-2015 amendment). The court must be specifically asked for a stay on enforcement pending Section 34 proceedings.