Interim measures ordered by arbitral tribunal
Section 17 of the Arbitration and Conciliation Act, 1996 deals with interim measures ordered by arbitral tribunal. A party may, during the arbitral proceedings , apply to the arbitral tribunal-- (i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; The Act came into force on 22 Aug 1996.
1[17. Interim measures ordered by arbitral tribunal.-- (1) A party may, during the arbitral proceedings 2***, apply to the arbitral tribunal--
(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 arbitral tribunal to be just and convenient, and the arbitral tribunal shall have the same power for making orders, as the court has for the purpose of, and in relation to, any proceedings before it.
(2) Subject to any orders passed in an appeal under section 37, any order issued by the arbitral tribunal under this section shall be deemed to be an order of the Court for all purposes and shall be enforceable under the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were an order of the Court.]
Section 17, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Amazon. Com Nv Investment Holdings LLC vs Future Retail Limited
Court's Decision & Legal Precedent
The Arbitration and Conciliation Act, 1996, when properly read in light of its principles of party autonomy (Sections 2(6), 2(8), 19(2)), definition of arbitration (Section 2(1)(a) including arbitration administered by permanent arbitral institutions), and the commencement of arbitral proceedings (Section 21 read with institutional rules), provides that an Emergency Arbitrator's award delivered under institutional rules such as the Singapore International Arbitration Centre Rules is an 'order' under Section 17(1) of the Act. Such orders are enforceable under Section 17(2) as if they were orders of a court. No appeal lies against an order passed under Section 17(2) in enforcement of an Emergency Arbitrator's award, either under Section 37 of the Arbitration Act or under the Code of Civil Procedure, as Section 37 provides an exhaustive and exclusive remedy for appeals in arbitration matters, and Section 37(2)(b) provides appeals only for orders granting or refusing interim measures under Section 17(1), not for enforcement proceedings under Section 17(2). A party that has agreed to be governed by institutional arbitration rules cannot subsequently characterize an Emergency Arbitrator's award as a nullity and ignore it until such award is formally set aside through proper procedures, as doing so violates the rule of law and fundamental principles of obedience to court orders.
On this section: Interim measures by arbitral tribunal. Section 17(1) mirrors Section 9(1) after 2015 Amendment. Section 17(2) creates legal fiction deeming tribunal orders as court orders for enforcement purposes. Held that Emergency Arbitrator orders fall within 17(1) and are enforceable under 17(2).
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Alka Chandewar v. Shamshul Ishrar Khan
Court's Decision & Legal Precedent
Judgement of Main Case order-8.pdf 2017-07-06 DATE VERIFIED. R.F. Nariman + Sanjay Kishan Kaul JJ. CA 8720/2017 (arising SLP(C) 3576/2016). Isolate: Arbitration Act s.17 interim measures by the tribunal are not ropes of sand — s.27(5) empowers the court, on the tribunal’s representation, to punish contempt of s.17 orders (not confined to taking evidence); the 2015 s.17(2) amendment is the complete statutory enforcement solution going forward. Bombay HC reversed; remanded on facts. Leading SC. Distinctive (Alka Chandewar, Shamshul Ishrar). Map 17 and 27. Essar Bulk still all ROP — not used.
On this section: Arbitration Act s.17 tribunal interim orders are not ropes of sand; they are enforceable (via s.27(5) contempt, and after 2015 via s.17(2) CPC enforcement) (Alka Chandewar).
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Amazon. Com Nv Investment Holdings LLC vs Future Coupons Private Limited
Court's Decision & Legal Precedent
Full party autonomy is given by the Arbitration and Conciliation Act, 1996 to have a dispute decided in accordance with institutional rules which can include Emergency Arbitrators delivering interim orders, described as 'awards'. Such orders are an important step in aid of decongesting the civil courts and affording expeditious interim relief to the parties. Such orders are referable to and are made under Section 17(1) of the Arbitration Act. Additionally, no appeal lies under Section 37 of the Arbitration Act against an order of enforcement of an Emergency Arbitrator's order made under Section 17(2) of the Act, as Section 37 provides an exhaustive code for appeals from orders under the Arbitration Act, and the legal fiction created by Section 17(2) is limited to enforcement purposes only and does not extend to appellate jurisdiction.
On this section: Court holds that Emergency Arbitrator's interim orders fall within this provision when read with Sections 21 and 2(6), despite definition of arbitral tribunal in Section 2(1)(d)
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Future Retail Limited vs Amazon. Com Nv Investment Holdings LLC
Court's Decision & Legal Precedent
When an application for vacating an Emergency Arbitrator award is actively pending final order in an international forum, domestic enforcement and regulatory proceedings may be stayed temporarily with consent to preserve the status quo.
On this section: Validity and enforcement of Emergency Arbitrator awards.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… By invoking the said provision of Law, the Tribunal can pass any order regarding interim measures. There is no express provision for impleadment in the Act. In the absence of any such express provision, the Arbitrator impliedly could entertain the impleading petition only under Section 17(1)(ii)(e) of the Arbitration and Conciliation Act, 1996. However, the said provision indicates that the power is to be exercised within the ambit of the Act and cannot be extended so as to exercise an inherent power by invoking the Code of Civil Procedure. Thus, the very findings of the Arbitrator by exercising wide …
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… the claim of the petitioner under Section 3(G)(7) (b) and (c) of the N.H.Act ..4.. 2024:KER:75697 while disposing of the application filed by him under Section 3(G) (5) of the N.H.Act, if it is received and pending before him. If the petitioner prefers any application under Section 17 of the Arbitration and Conciliation Act to assess the value of the remaining portion of the building, the same shall also be considered and disposed of by the Arbitrator/respondent No.2, in accordance with law. > Sd/- DR. KAUSER EDAPPAGATH JUDGE APA W.P.(C) No. 2941 of …
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… The Tribunal, by its constitution or creation, inherently lacks power to deal with any sovereign function or public law in the sense that their authority is founded in a contract and power is regulated by the statute. 9. On a reading of Section 17(2) of the Arbitration and Conciliation Act, it is clear that the arbitral tribunal cannot directly enforce the order of attachment by intimating the same to the Sub Registrar office and the revenue officials. The arbitral tribunal, in this case usurped the power of the civil court by directly ordering enforcement of …
Questions about Section 17
What have the courts held on Section 17 of the Arbitration and Conciliation Act?
Amazon. Com Nv Investment Holdings LLC vs Future Retail Limited (06 Aug 2021) is the leading judgment on this section among those set out below: Interim measures by arbitral tribunal. Section 17(1) mirrors Section 9(1) after 2015 Amendment. Section 17(2) creates legal fiction deeming tribunal orders as court orders for enforcement purposes. Held that Emergency Arbitrator orders fall within 17(1) and are enforceable under 17(2). Another 3 judgments on this section are set out below, all of them from the Supreme Court. They run from 2017 to 2021.
How do I find court cases under Section 17 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 17, section 17 Arbitration Act, section 17 of the Arbitration and Conciliation Act. People searching for it also type arbitration act section 17 interim relief. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Amazon. Com Nv Investment Holdings LLC vs Future Retail Limited (06 Aug 2021).
What should I read with Section 17 of the Arbitration and Conciliation Act, and has it changed?
Its own text turns on section 37 (Appealable orders), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 17 of the Arbitration and Conciliation Act come into force?
Section 17 of the Arbitration and Conciliation Act, cited as Arbitration Act 17, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.