Section 9 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 9 lets a party go to a court for protection while an arbitration is pending, about to start or already decided but not yet enforced. The court can appoint a guardian for the arbitration or grant interim measures on the listed matters. It also sets a ninety-day clock and limits court applications once a tribunal is in place.
A party may apply to a court before, during or after the award but before it is enforced under section 36 for a guardian or for an interim measure of protection on five listed matters. If the court orders an interim measure before the arbitral proceedings begin, they must begin within ninety days from the date of the order or such further time as the Court may determine. Once the tribunal is constituted, the Court does not entertain the application unless circumstances exist which may not render the remedy under section 17 efficacious. This is as per the India Code consolidated text consulted.
What section 9 is, and where it fits
Section 9 is one of the court powers that section 5 allows; see sections 5 and 6. The tribunal has its own interim power in section 17, explained in our article on section 17. Our existing note interim measures by court and tribunal covers both sections briefly.
In the India Code consolidated text, section 9 is headed "Interim measures, etc., by Court" and is the last section of Chapter II of Part I, "Arbitration agreement". Sub-section (1)(ii) reads "for an interim measure of protection in respect of any of the following matters". An order granting or refusing a measure under section 9 is among the orders listed in section 37; see section 37 on appealable orders. If you need protection for goods, money or property before an arbitration starts, arbitration support can help you plan the application and the timeline.
Sub-section (1): who can ask, and when
The footnote shows that section 9 was renumbered as sub-section (1) by s. 5 of Act 3 of 2016, with effect from 23-10-2015. It lets "a party" apply to "a court":
- before arbitral proceedings,
- during arbitral proceedings, or
- at any time after the making of the arbitral award but before it is enforced in accordance with section 36.
"Court" has the meaning in section 2(1)(e); see section 2. For which court hears such applications in a commercial dispute, see section 10 of the Commercial Courts Act, 2015.
What can be asked for
| Head | Text |
|---|---|
| (i) | 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 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 appointment of a receiver |
| (ii)(e) | Such other interim measure of protection as may appear to the Court to be just and convenient |
The closing words of sub-section (1), which follow head (ii)(e), say that the Court "shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it." For the general law of injunctions, see our post on the temporary and permanent injunction under the Specific Relief Act, which is a Specific Relief Act post and not a section of this Act.
Sub-section (2): ninety days to start arbitration
If, before the commencement of the arbitral proceedings, a Court passes an order for an interim measure of protection under sub-section (1), "the arbitral proceedings shall be commenced within a period of ninety days from the date of such order or within such further time as the Court may determine." The footnote shows sub-sections (2) and (3) as inserted by s. 5 of Act 3 of 2016, with effect from 23-10-2015.
When do arbitral proceedings commence? Section 21 says, unless otherwise agreed, on the date a request for that dispute to be referred to arbitration is received by the respondent; see section 21. So the request must reach the respondent within the ninety days, unless the Court allows further time. The practical step is to serve the arbitration request promptly after the interim order and keep delivery proof; see sections 3 and 4 for deemed receipt.
Sub-section (3): after the tribunal is constituted
"Once the arbitral tribunal has been constituted, the Court shall not entertain an application under sub-section (1), unless the Court finds that circumstances exist which may not render the remedy provided under section 17 efficacious."
This gives the tribunal the first call once it exists. The exception is for the case where the section 17 remedy may not be efficacious. The text does not list such circumstances, and we do not add any. The appointment of the tribunal itself is covered in our post on section 11.
Section 9 and section 17 side by side
| Point | Section 9 (Court) | Section 17 (tribunal) |
|---|---|---|
| Who orders | A court | The arbitral tribunal |
| Stage | Before, during, or after the award until enforcement under section 36 | During the arbitral proceedings; the footnote shows the words about the post-award stage omitted by Act 33 of 2019, s. 4, with effect from 30-8-2019 |
| Guardian | Yes, head (i) | Yes, head (i) |
| Listed interim measures | (ii)(a) to (e) | (ii)(a) to (e), with the tribunal's own power in (e) |
| Time limit | Proceedings to commence within ninety days of an order made before they begin | None printed in section 17 |
| Condition | After the tribunal is constituted, the court acts only if section 17 may not be efficacious | Not applicable |
| Status of order | Court order | Deemed an order of the Court for all purposes and enforceable under the Code of Civil Procedure, 1908, subject to any orders passed in an appeal under section 37 |
A worked example
Rathore Spices has a supply contract with an arbitration clause. It fears that a buyer will dispose of a consignment still lying in the buyer's warehouse. Before any arbitration starts, Rathore applies to the court under section 9(1)(ii)(a) for preservation of the goods and under (ii)(b) for securing the amount in dispute. The court passes an order on 10 June. Rathore must make sure the arbitration request reaches the buyer within ninety days of 10 June, or secure further time from the Court. Once the tribunal is later constituted, a fresh application would go to the tribunal under section 17, and to the Court only if section 17 may not be efficacious.
Points to watch
- Timing. An application can be made well before the arbitration, but the ninety days then start running from the order.
- After the award. Section 9 stays open after the award until enforcement under section 36; see section 36.
- Petition drafting. For filing steps and drafting, see our guide on arbitration petitions under sections 9, 11 and 34.
- Court fee and procedure. The text consulted says nothing on these, and we give none.
Need help with an urgent interim application?
When goods, money or property are at risk, the first few weeks decide what can be protected. Our arbitration support team can help you prepare the application, line up the arbitration request and keep to the ninety-day period.
Key takeaways
- A court can be approached before, during or after the award, but before enforcement under section 36.
- Five listed matters plus a guardian; the court's power for orders is the same as in its own proceedings.
- Arbitration must commence within ninety days from a pre-arbitration interim order, or such further time as the Court determines.
- After the tribunal is constituted, the court entertains an application only if section 17 may not be efficacious.
- Section 17 mirrors the list for the tribunal; the post-award words there are shown omitted with effect from 30-8-2019.
Read next
- Section 17: interim measures ordered by the tribunal
- Section 21: commencement of arbitral proceedings
- Interim measures by court and tribunal
- Section 10 of the Commercial Courts Act, 2015: arbitration matters
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.