Interim Relief in Arbitration Under Section 9: What Courts Can and Cannot Do
Arbitration takes time to set up — but a dispute sometimes needs urgent action before a tribunal even exists. Section 9 exists specifically to bridge that gap, letting a party go to court for interim protection without abandoning arbitration as the actual dispute-resolution mechanism.
What Section 9 actually allows
Section 9 lets a party apply to a court for interim measures of protection at three distinct stages: before arbitral proceedings begin, during the arbitral proceedings, or after the award is made but before it is enforced. This is a deliberate carve-out from arbitration's general principle of court non-interference — recognising that urgent protective measures sometimes cannot wait for a tribunal to be constituted and get up to speed.
What kind of relief a court can grant
- Interim custody or sale of goods that are the subject matter of the dispute.
- Securing the amount in dispute — for example, an order to deposit disputed funds or provide security.
- Interim injunctions — restraining a party from specific conduct (disposing of assets, breaching a restrictive covenant) pending resolution.
- Appointment of a receiver where appropriate to protect the subject matter of the dispute.
- Other interim measures the court considers "just and convenient" in the circumstances.
The key limitation once a tribunal is functioning
Why this matters at the pre-arbitration stage specifically
The most practically important use of Section 9 is often before arbitration has even formally commenced — a party who fears the other side may dissipate assets, destroy evidence, or take other prejudicial action while the arbitration is being set up (appointing arbitrators, agreeing procedural timetables) can go straight to court for urgent protective relief, without needing to wait for the tribunal to exist first.
Does seeking Section 9 relief waive the right to arbitrate?
No — seeking interim relief under Section 9 is explicitly designed to be compatible with, and supportive of, the parties' underlying arbitration agreement, not a waiver of it. A party is not treated as abandoning arbitration by using Section 9 for urgent protective measures; the two are meant to work together, with the substantive dispute still proceeding to arbitration as agreed.
Practical considerations before filing
A Section 9 application requires demonstrating the standard interim-relief tests courts generally apply — a prima facie case, balance of convenience, and irreparable harm if relief is not granted — the mere existence of an arbitration agreement doesn't lower this bar; a party still needs a genuinely urgent, well-evidenced case for interim protection, not simply a desire to get an early procedural advantage.