Tuesday, February 14, 2023

Arbitration and Conciliation Act, 1996 : "Courts to be Circumspect in Entertaining an Application under S. 9(1) after an Arbitral Tribunal has been constituted" : High Court

 

Arbitration and Conciliation Act, 1996 : "Courts to be circumspect in entertaining an application under Section 9(1) after an Arbitral Tribunal has been constituted" : High Court

Many cases are related to Arbitration and Conciliation Act, 1996.


In the context of Arbitration and Conciliation Act, 1996, it has been commented at page of Pacific Development Corporation Ltd v DMRC [2023] GCtR 382 (Delhi) thus : -


"Provisions of Section 9(3) of the Act would come into play only in a situation where a court is approached for the grant of interim measures after the Arbitral Tribunal has been constituted. The said provision, in fact, requires courts to be circumspect in entertaining an application under Section 9(1) after an Arbitral Tribunal has been constituted and to invoke its powers only if it finds that circumstances exist which may render the remedy under Section 17 inefficacious."


Written by 

Vishal

Delhi

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