Explain the interim measures of protection for which a party during the arbitral proceedings may apply to the arbitral tribunal under section 17(1) of Arbitration and Conciliation Act, 1996.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2021
Explain the interim measures of protection for which a party during the arbitral proceedings may apply to the arbitral tribunal under section 17(1) of Arbitration and Conciliation Act, 1996.
Answer & Explanation:
Interim measures ordered by arbitral tribunal Section 17 (1) of the Arbitration and Conciliation, 1996 provides that a party may, during the arbitral proceedings, apply to the arbitral tribunal- for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or for an interim measure of protection in respect of any of the following matters, namely: the preservation, interim custody or sale of any goods which are the subject matter of the arbitration agreement; securing the amount in dispute in the arbitration; 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; interim injunction or the appointment of a receiver; 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.
Topics: Arbitration and Conciliation Act, 1996
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