Interim Reliefs In Aid Of Foreign Seated Arbitration: Challenges, Judicial Trends And Reform Proposals In India
- IJLLR Journal
- Mar 14
- 1 min read
Poorvi Ravi Mudaraddi, Christ (Deemed to be University), Bengaluru
ABSTRACT
Arbitration is the preferred method of dispute settlement in cross-border commercial transactions because of its efficiency, confidentiality, and party autonomy. Interim reliefs serve as a protective shield during the pendency of arbitration by preserving the status quo between parties, safeguarding the subject matter of the dispute, preventing the dissipation of assets, and securing evidence crucial to the final award. However, the availability and implementation of interim reliefs have a substantial impact on the effectiveness of arbitration, particularly when the arbitration seat is foreign. Interim reliefs are critical in protecting the subject matter of the dispute, averting asset loss, and assuring the eventual award's enforcement. The lack of a consistent framework for granting and enforcing such reliefs raises a number of legal and procedural issues across jurisdictions.
This paper investigates the legislative framework, judicial trends, and practical issues involved in awarding interim relief in support of foreign- seated arbitration in India. It delves into the growth of Indian arbitration legislation with the 2015 modifications, specifically Section 9 of the Arbitration and Conciliation Act of 1996. A comparative review of judicial approaches in the United Kingdom and Singapore identifies optimal practices and global trends. The paper also highlights major barriers to enforcing interim measures and offers reforms to improve the effectiveness and consistency of interim relief procedures in India, hence strengthening India's position as a pro-arbitration jurisdiction.
Keywords: Arbitration, interim reliefs, Arbitration and Conciliation Act, India, United Kingdom, Singapore
