Section 17 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 17 lets a party ask the arbitral tribunal itself for a guardian or for interim protection while the arbitral proceedings are on. An order of the tribunal under the section is treated as an order of the Court and is enforceable under the Code of Civil Procedure, 1908.
A party may, during the arbitral proceedings, apply to the tribunal for a guardian for a minor or person of unsound mind or for an interim measure of protection on five listed matters. The tribunal has the same power for making orders as the court has in its own proceedings. Under sub-section (2), subject to any orders in an appeal under section 37, a tribunal's order is deemed an order of the Court for all purposes and is enforceable under the Code of Civil Procedure, 1908 as if it were the Court's order. The footnote shows words about the post-award stage as omitted by Act 33 of 2019 with effect from 30-8-2019. This is as per the India Code consolidated text consulted.
The tribunal's own interim power
Before section 17, a party in need of protection usually thought of the court. Section 9 gives the Court a power; see our article on section 9. Section 17 gives the tribunal a parallel power, and section 9(3) points the Court towards it once the tribunal is constituted, unless the section 17 remedy may not be efficacious. Our existing note interim measures by court and tribunal summarises both.
In the India Code consolidated text, section 17 is the second section of Chapter IV of Part I, "Jurisdiction of arbitral tribunals". In sub-section (1) the text shows asterisks after the words "during the arbitral proceedings", where words were omitted in 2019. If you need protection during an arbitration, arbitration support can help you decide whether to go to the tribunal or the court.
Sub-section (1): what can be asked for
The footnote shows the whole of section 17 as substituted by Act 3 of 2016, s. 10, with effect from 23-10-2015. A party may, during the arbitral proceedings, apply to the arbitral tribunal:
| Head | Text |
|---|---|
| (i) | For the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings |
| (ii)(a) | Preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement |
| (ii)(b) | Securing the amount in dispute in the arbitration |
| (ii)(c) | Detention, preservation or inspection of any property or thing which is the subject-matter of the dispute, or as to which any question may arise, including authorising any person to enter upon any land or building in a party's possession, taking samples, making observations or trying experiments necessary or expedient for obtaining full information or evidence |
| (ii)(d) | Interim injunction or the appointment of a receiver |
| (ii)(e) | Such other interim measure of protection as may appear to the arbitral tribunal to be just and convenient, with the same power for making orders as the court has for the purpose of, and in relation to, any proceedings before it |
For the general law on injunctions, see our post on temporary and permanent injunctions under the Specific Relief Act, a Specific Relief Act post and not a section of this Act.
What changed in 2015 and 2019
- 2015. The footnote reads "Subs. by Act 3 of 2016, s. 10, for section 17 (w.e.f. 23-10-2015)". It records that the whole section was replaced and does not reproduce the earlier section, so this article makes no comparison with the older wording. What matters for a reader today is the present text: the list of heads in sub-section (1), the tribunal's power to make orders "as the court has", and the deemed status of the order in sub-section (2).
- 2019. The footnote to the asterisks says that the words and figures "or at any time after the making of the arbitral award but before it is enforced in accordance with section 36" were omitted by Act 33 of 2019, s. 4, with effect from 30-8-2019. So, as printed, the tribunal's power under sub-section (1) is tied to the period "during the arbitral proceedings". Compare section 9(1), which in the text consulted speaks of the stage after the award as well; see the table below.
The omitted words are history only.
Sub-section (2): the order is treated as a court order
"Subject to any orders passed in an appeal under section 37, any order issued by the arbitral tribunal under this section shall be deemed to be an order of the Court for all purposes and shall be enforceable under the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were an order of the Court."
Two points follow.
- Enforcement. The tribunal's order is enforceable as if it were a Court order. Our guide to execution under the Code covers how decrees and orders are generally executed, although the text consulted does not give a step-by-step route for a section 17 order.
- Section 37. The sub-section is made subject to any orders passed in an appeal under section 37. That section has its own article: see section 37 on appealable orders. We do not explain the appeal here.
Section 17 and section 9 side by side
| Point | Section 9 (Court) | Section 17 (tribunal) |
|---|---|---|
| Who orders | A court | The arbitral tribunal |
| Stage in the text | Before, during, or after the award but before enforcement under section 36 | During the arbitral proceedings (post-award words shown omitted with effect from 30-8-2019) |
| Guardian | Yes | Yes |
| Listed matters | (ii)(a) to (e) | (ii)(a) to (e) |
| Ninety days | Proceedings to commence within ninety days of an order made before they begin | Not printed |
| Status | Court order | Deemed an order of the Court, enforceable under the Code, subject to orders in appeal under section 37 |
| Limit | Once the tribunal is constituted, the court entertains the application only if section 17 may not be efficacious | Not applicable |
When to choose the tribunal
- Before the tribunal exists. Section 17 speaks of a party applying "during the arbitral proceedings". Before any tribunal is constituted, the route in the text is section 9. Section 21 tells you when proceedings commence; see section 21.
- After the tribunal is constituted. Section 9(3) directs the Court to entertain an application only if it finds that circumstances exist which may not render the section 17 remedy efficacious. So the tribunal is the first stop.
- To secure money or goods. Heads (ii)(a) and (ii)(b) cover goods and the amount in dispute.
- Procedure. The tribunal sets its own procedure under section 19; see sections 18 and 19. Each party must have a full opportunity to present its case under section 18.
A worked example
Mukherjee Pharma is in arbitration with a distributor, Bose Traders, and learns that Bose is about to sell stock that is the subject-matter of the dispute. Mukherjee applies to the tribunal under section 17(1)(ii)(a) for preservation of the stock and under (ii)(b) for securing the amount in dispute. The tribunal gives Bose a chance to be heard, then issues an order. Under sub-section (2), the order is deemed to be an order of the Court and is enforceable under the Code of Civil Procedure, 1908. If Bose does not comply, Mukherjee seeks enforcement as if it were a court order.
Practical steps
- Frame the application around one of the listed heads and state the facts clearly.
- Show why the measure is necessary to protect the subject-matter or the amount in dispute.
- Serve the application on the other party promptly, in line with section 18 on equal treatment.
- Keep the tribunal's written order, since it is the document you will enforce.
- Check the appeal position in section 37 before you act on, or resist, an order.
Need help with an interim application to the tribunal?
An interim order is only as useful as its wording and its enforceability. Our arbitration support team can help you shape the application, present it to the tribunal and plan enforcement if the order is not complied with.
Key takeaways
- Section 17 lets a party ask the tribunal, during the arbitral proceedings, for a guardian or interim measures on the same five matters as section 9.
- The tribunal has the same power for making orders as the court has in its own proceedings.
- Under sub-section (2), the order is deemed a court order and enforceable under the Code of Civil Procedure, 1908, subject to any orders passed in an appeal under section 37, which has its own article.
- The 2019 omission, by Act 33 of 2019, s. 4, with effect from 30-8-2019 as the footnote prints it, removed the post-award words from sub-section (1).
- Section 9(3) sends the court back to section 17 once the tribunal is constituted, unless section 17 may not be efficacious.
Read next
- Section 9: interim measures by court
- Sections 18 and 19: equal treatment and rules of procedure
- Section 21: commencement of arbitral proceedings
- Interim measures by court and tribunal
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.