Full physical source page · unreviewed extraction

The Arbitration and Conciliation Act, 1996: page 12

The Arbitration and Conciliation Act, 1996, India Code delivered snapshot 6fb32e5ffe258174, physical page 12. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:44Z. SHA-256 6fb32e5ffe2581740345d948c1e362bfbb5018ca7958932cde8ca92436485b6c.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

    9. Interim measures, etc., by Court.—1[(1)] A party may, before or during arbitral proceedings or at
any time after the making of the arbitral award but before it is enforced in accordance with section 36,
apply to a court—
         (i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of
     arbitral proceedings; or
          (ii) for an interim measure of protection in respect of any of the following matters, namely:—
              (a) the preservation, interim custody or sale of any goods which are the subject-matter of the
          arbitration agreement;
               (b) securing the amount in dispute in the arbitration;
              (c) the detention, preservation or inspection of any property or thing which is the subject-
          matter of the dispute in arbitration, or as to which any question may arise therein and authorising
          for any of the aforesaid purposes any person to enter upon any land or building in the possession
          of any party, or authorising any samples to be taken or any observation to be made, or experiment
          to be tried, which may be necessary or expedient for the purpose of obtaining full information or
          evidence;
               (d) interim injunction or the appointment of a receiver;
             (e) such other interim measure of protection as may appear to the Court to be just and
          convenient,                                                              e
                                                                           od
     and 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.
     2
                                                                     aC
     [(2) Where, before the commencement of the arbitral proceedings, a Court passes an order for any
                                                              di
interim measure of protection under sub-section (1), the arbitral proceedings shall be commenced within a
period of ninety days from the date of such order or within such further time as the Court may determine.
                                                         In
    (3) Once the arbitral tribunal has been constituted, the Court shall not entertain an application under
sub-section (1), unless the Court finds that circumstances exist which may not render the remedy provided
under section 17 efficacious.]
                                                         CHAPTER III
                                             Composition of arbitral tribunal
    10. Number of arbitrators.—(1) The parties are free to determine the number of arbitrators,
provided that such number shall not be an even number.
    (2) Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole
arbitrator.
    11. Appointment of arbitrators.—(1) A person of any nationality may be an arbitrator, unless
otherwise agreed by the parties.
    (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator
or arbitrators.
    (3) Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each
party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who
shall act as the presiding arbitrator.
     (4) If the appointment procedure in sub-section (3) applies and—
         (a) a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so
     from the other party; or
         (b) the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the
     date of their appointment,

1. S. 9 shall be renumbered as sub-section (1) thereof by s. 5, Act 3 of 2016 (w.e.f. 23-10-2015).
2. Ins. by s. 5, ibid. (w.e.f. 23-10-2015).
                                                                12

Compare original page image