interim relief

yes he has absloute power under section 9

I differ with Mr. Srivastava Advocate. No Interim relief can be provided by the Arbitral Tribunal. Under Section 9 of the ACA 1996, it is court who can make interim ordrs ( not relief). Arbitral Tribunal orders only interim measures under section 17 of the Act. Such measures would be directing the party to provide security for protection of subject matter of dispute or to grant injuction against one partner from causing hindrance in the work of firm. 

I agree with Sri Harbhajan. The Arbitrator has no right to grant interim reliefs. Only civil court is competent for the same.

The Arbitrator cant awarded interim relifes, it's always in jurisdiction of civil courts.

Miss smith sharma

yes agree, arbitrator has no power to award interim relifes

but here is my next question

can arbitrator appoint a reciever???

Hi,

  Mr.mohit,

                   Arbitrator cant appoint a reciever.Arbitration is Quasi-judicial so arbitrator not  have a many powers which holds civil courts.

thanx

Mis smith sharma{lawyer}

ok

can arbitrator refuse permission u/s 27 ?

ok

Under Section 9 only city civil court has power to grant intreim relief pending arbitration

THANKS MIS SMITH SHARMA

RGRD

ADV MOHIT ATTRI

As rightly  opined by my
friends. Only civil courts have powers to grant intereim orders as per
Section 9. A arbitrator cannot grant any interim relief.

Sec.17 of the Arbitration & Conciliation Act 1996 empower the Arbitrator to grant any interim relief.   In a very recent Judgment Dated: 7-8-2008 between GAIL Vs. Bal Kishan Agarwal Gas Industries, the Supreme Court held that pending arbitration proceedings, arbitration can make interim arrangements between the parties by invoking the provisions of Sec.17 of the A & C Act, 1996, and also directed the parties to approach the arbitrator, before whom the proceedings are pending for interim arrangements

abitrator can grant interim relief but same is diferent from the granting of interim relef by a civil court to the extent  that the tribunal shall decide the issue in question finally and as per section 2 (1) (c) which recognises interim awards as awards, hence there should not be any doubt that that arbitrator cannot grant interim relief.