In January, 1996 India enacted the Arbitration and Conciliation Act,

1996 (“Act”). The legislation is based on the UNCITRAL Model Law

1985.The significant provisions of the Act are to be found in Part I and II

thereof. Part I contain the provisions applicable to any domestic or

international arbitration seated in India (irrespective of nationality of the

parties). Part II is essentially devoted to enforcement of foreign awards

(under the Geneva Convention 1927 or the New York Convention 1958).

 

The provisions of interim relief are to be found in Part I, Sections 9

and 17 of the Act (corresponding to Article 9 and 17 of the Model Law).

India has not yet adopted the 2006 amendment to the Model Law in

relation to interim relief.

 

 

 

 

 

Yes, courts in India have wide power to issue provisional reliefs

with respect to arbitration proceedings. This is under Section 9 of the

Arbitration and Conciliation Act, 1996 (hereinafter ‘Act’). The

governing principles are to be found in the Code of Civil Procedure,

1908 (hereinafter ‘CPC’) and more particularly: