Interim Relief In International Commercial Arbitration: A Critical Analysis Of India's Section 9 Framework And Its Judicial Interpretation
- IJLLR Journal
- Jul 14
- 1 min read
Abhinav Mall, Asian Law College, Noida
Anuja Yadav, Asian Law College, Noida
Divam Awasthi, Asian Law College, Noida
ABSTRACT
In the ever-evolving landscape of cross-border dispute resolution, this research paper breaks down the effectiveness and judicial interpretation of the metamorphosing sphere of international cross-border dispute jurisprudence. This paper interrogates the evolving dialectic between arbitral independence and judicial intercession.
This paper examines the ambiguities surrounding "express or implied exclusion" provisions under Section 2(2) of the Arbitration Act and their implications for commercial certainty by engaging through an evaluative study of judgments including PASL Wind Solutions, Ashwini Minda v. Yushin Limited, and Future Retail v. Amazon, which shows the interpretative stance of Indian courts on the intersection of interim relief and party autonomy.
The comparative analysis and comparisons of cross-jurisdictional best practices from Singapore, England, and the United States illuminate strategic avenues for fortifying India's interim relief ecosystem.
The finding affirms that India’s arbitration development as a favoured jurisdiction will be critically tied to dependence on politically and legislative clarities and precisions, institutionalized judicial training, and effective enforcement systems that strike a judicious balance between fairness and efficiency.
Keywords: International commercial arbitration, interim relief, Section 9, emergency arbitration, judicial intervention, party autonomy, foreign-seated arbitration, UNCITRAL Model Law, arbitral autonomy, cross-border enforcement, institutional arbitration rules, emergency arbitrator, provisional measures, arbitration seat, forum shopping
