When can an application under section 9 be filed?
Guest (n/a) 28 April 2009
When can an application under section 9 be filed?
A V Vishal (Advocate) 28 April 2009
The Application under section 9 can be filed under the following conditions:
Interim measures, etc. by court. -
A party may, 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, apply to a court: -
(i) For the appointment of a guardian for a minor or a 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
court to be just and convenient,
And the Court shall have the same power for making orders as it has for
the purpose of, and in relation to, any proceedings before it.
rahul (student) 18 June 2009
under this section can the matter be filed in Singapore under English law if any one of the parties is not an Indian company. How would the law apply and are there relevant cases to this where the interim injunction has been granted in an internation court (Singapore or London
rahul (student) 18 June 2009
laws applicable will be Indian laws
Sandeep Bajaj (Advocate) 25 June 2009
If both the parties are not indian and the suit is filed in Singapore under English Law then Section 9 shall not apply. Section 9 shall apply if it only if it is filed in India.