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Relevance of Post Award Application for Interim Relief by Award Debtor

By Shri Justice D. R. Dhanuka

Published In

AIR 2015

Section 9 of Arbitration and Counciliation Act prescribes a statutory remedy for making of an application by a party to an arbitration agreement to the Court for interim measure of protection by a party 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 of the Act inter alia “for other interim measure of protection as may appear to the Court to be just and convenient” as set out in sub-clause (e) of the said Section. Section 9 of the said Act further provides that, the Court shall have the same power for making Orders as it has for the purpose of, and in relation to, in proceedings before it. Section 2(h) of the Act defines the word “party” as under : “Party” means a party to an arbitration agreement. It means that either party to arbitration agreement may make an application for interim measure of protection under Section 9 of the Act. Thus ac ....

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