Arbitration Under Sections 9, 11 and 34: What the Provisions Actually Do

This article is general information only, not legal advice, and not solicitation of work. It should not be relied upon as a substitute for advice on your specific facts.

Section 9: Interim Relief Before or During Arbitration

Section 9 of the Arbitration and Conciliation Act, 1996 allows a party to approach a court for interim measures, such as securing the amount in dispute, preserving property, or restraining a party from dealing with assets, either before arbitral proceedings begin, during them, or after an award but before it is enforced. It exists because arbitral tribunals are not always in a position to grant urgent relief quickly, particularly before they are even constituted.

Section 11: Appointment of Arbitrators

When parties cannot agree on an arbitrator, or when one party refuses to appoint one as required by the arbitration clause, Section 11 allows the other party to approach the High Court, or the Supreme Court in international commercial arbitration, to have an arbitrator appointed. Courts at this stage generally confine themselves to checking whether a valid arbitration agreement exists, leaving substantive disputes to the tribunal itself.

Section 34: Challenging the Award

Once an arbitral tribunal has ruled, Section 34 sets out the limited grounds on which a party can ask a court to set aside the award, such as incapacity of a party, an invalid arbitration agreement, a breach of natural justice, or the award being in conflict with the public policy of India. It is not an appeal, and courts do not re-examine the merits of the dispute.

Why the Distinction Matters

Each of these provisions serves a different stage of the arbitration lifecycle, interim protection, getting the process started, and limited post-award review. Confusing them, for instance treating Section 34 as a chance to re-argue the case, is one of the most common and costly mistakes parties make in arbitration-related litigation.

This note is prepared by our Dispute Resolution team. If you are dealing with a related situation, get in touch with us.