Section 9 Arbitration Interim Relief: How to Freeze Assets

If you fear the other side will move money, sell disputed goods, or destroy property before your arbitration is decided, Section 9 of the Arbitration and Conciliation Act 1996 lets you ask a court for urgent interim relief. This includes an asset freeze, an injunction, preservation of goods, or a receiver. You can apply before arbitration starts, while it is running, or after the award but before it is enforced.

This page is general legal information, not legal advice. Confirm the right court and procedure with a lawyer before you file.

Section 9 is the rule that lets a court protect your interests in an arbitration matter before the dispute is finally decided. It is your emergency tool when waiting for the full arbitration could leave you with a paper win and nothing to recover. The court acts to keep the situation stable.

Section 9(1) of the Arbitration and Conciliation Act 1996 says a party may apply to a court for interim measures of protection. The bare Act lists what the court can order:

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

The Act states 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.” So the court applies the familiar standards it uses for civil injunctions: a strong case, the balance of convenience, and the risk of harm that money alone cannot fix.

When you can apply. Section 9(1) allows an application before arbitral proceedings, during them, or at any time after the award is made but before it is enforced under Section 36 of the Act.

The 90-day clock. Section 9(2) says that where a court passes an interim order before arbitration has commenced, the arbitral proceedings must be commenced within 90 days from the date of that order, or within such further time as the court may determine. If you win an early freeze, do not sit on it. Start the arbitration.

After the tribunal is formed. Section 9(3) says that once the arbitral tribunal has been constituted, the court shall not entertain a Section 9 application unless it finds that circumstances exist which may not render the remedy under Section 17 efficacious. Section 17 of the Act gives the arbitral tribunal its own power to order interim measures. In plain terms, once arbitrators are in place, the tribunal is the default forum, and you go to court only when the tribunal cannot give you a workable remedy.

Which court. The “Court” for Section 9 is defined in Section 2(1)(e) of the Act. For a domestic arbitration that means the principal Civil Court of original jurisdiction in the district, and it includes a High Court that has ordinary original civil jurisdiction. For commercial disputes, the Commercial Courts Act 2015 may route the application to a Commercial Court or Commercial Division. Confirm the correct forum and any pecuniary limit before filing, as this turns on the value and nature of your dispute.

1. Check there is a valid arbitration agreement. Section 9 only applies where the parties have agreed to arbitrate.
2. Identify the real risk. Name what the other side might do, such as selling disputed stock, transferring funds, or removing machinery.
3. Pick the right relief. Match the danger to a Section 9 measure, for example a freeze to secure the amount, or a receiver for a disputed asset.
4. Confirm the correct court under Section 2(1)(e), and check whether the Commercial Courts Act sends it to a Commercial Court.
5. File the petition with an affidavit. Set out the agreement, the dispute, the urgency, and the exact orders you want.
6. Ask for an urgent or ex parte hearing if the threat is immediate, and be ready for the court to require security or an undertaking.
7. If you applied before arbitration, start the arbitral proceedings within the 90-day window in Section 9(2).
8. Once the tribunal is constituted, route fresh interim requests to it under Section 17, unless that remedy would not be efficacious.

• The contract containing the arbitration clause, or the separate arbitration agreement.
• Proof of the dispute, such as invoices, notices, or correspondence.
• Evidence of the threat, for example a notice of sale or signs of asset transfer.
• A supporting affidavit setting out the facts and the urgency.
• The notice invoking arbitration, if one has already been sent.

• Treating the 90-day rule in Section 9(2) as optional. Missing it can put your early order at risk.
• Going to court after the tribunal is formed without showing why Section 17 relief would not be efficacious, which Section 9(3) requires.
• Asking for relief that is not listed or implied in Section 9(1), instead of framing it as a recognised interim measure.
• Filing in the wrong court because Section 2(1)(e) and the Commercial Courts Act 2015 routing were not checked.
• Bringing a thin case. Section 9 borrows the court's ordinary injunction standards, so a weak case fails.

Read the Act carefully, confirm your forum, and get a lawyer to draft the petition and affidavit. For a deeper walkthrough of using legal tools as a citizen, see The RTI Playbook.

Yes. Section 9(1) allows an application before arbitral proceedings start. But Section 9(2) then requires you to commence arbitration within 90 days of the order, or within any further time the court allows.

Section 9(1) lists preservation, custody, or sale of goods, securing the amount in dispute, detention or inspection of property, an interim injunction, the appointment of a receiver, and any other measure the court finds just and convenient.

Section 9(3) says that once the tribunal is constituted, the court shall not entertain a Section 9 application unless it finds the remedy under Section 17 may not be efficacious. Otherwise you ask the tribunal under Section 17.

The court defined in Section 2(1)(e) of the Act, which for a domestic arbitration is the principal Civil Court of original jurisdiction in the district, including a High Court with ordinary original civil jurisdiction. The Commercial Courts Act 2015 may route commercial matters to a Commercial Court, so confirm your forum.

It is interim, meaning it holds the position until the dispute is resolved or the court or tribunal changes it. The court can attach conditions, such as security or an undertaking, and can modify or vacate the order.

No. Section 9 is the court's power, useful before the tribunal exists or when only a court can act effectively. Section 17 is the tribunal's own power to order interim measures during the arbitration.

By Dr. Shrawan Kumar Pathak