Interim measures in support of arbitration in India
Produced in partnership with Shweta Sahu and Moazzam Khan of Nishith Desai Associates
Interim measures in support of arbitration in India

The following Arbitration guidance note Produced in partnership with Shweta Sahu and Moazzam Khan of Nishith Desai Associates provides comprehensive and up to date legal information covering:

  • Interim measures in support of arbitration in India
  • The Arbitration and Conciliation Act 1996 (as amended)
  • Interim measures in, and in support of, domestic arbitrations
  • Interim measures granted by the court in support of domestic arbitrations
  • Interim measures granted by the court in support of foreign arbitrations
  • Interim measures issued by the arbitral tribunal in domestic arbitrations

Interim measures often become necessary in arbitrations to protect a party before, during the course of arbitration and potentially after an award has been made. Such measures are usually granted to ensure that the award that may be enforced against relevant assets is not rendered ineffectual.

This Practice Note addresses the interim measures available under Indian law to parties to arbitration.

Note: Indian judgments referred to in this Practice Note are not reported by LexisNexis® UK.

The Arbitration and Conciliation Act 1996 (as amended)

The Indian law on arbitration is governed by the Arbitration and Conciliation Act 1996 (ACA 1996). The ACA 1996 was amended by the Arbitration and Conciliation (Amendment) Act 2015 (the 2015 Amendment) and subsequently by the Arbitration and Conciliation (Amendment) Act 2019 (the 2019 Amendment). This Practice Note discusses the legal position under the ACA 1996 after the 2015 Amendment and 2019 Amendment.

ACA 1996 consists of four parts. Part I governs any arbitration having its seat or place within India (domestic arbitration) while Part II contains provisions relating to ‘foreign awards’, ie awards passed in commercial arbitrations held in a territory which is signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) or the Convention on the Execution of Foreign Arbitral Awards (the Geneva Convention) and which territory has been