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Analysing The Nature And Scope Of Interim Relief In Arbitration




Twinkle Linga, Institute of Law, Nirma University


ABSTRACT


The UNCITRAL Model Law on International Commercial Arbitration, 1985 (Model Law) served as the basis for the Arbitration and Conciliation Act, 1996 (Arbitration Act) in India. It outlines the authority of a court and an arbitral tribunal to issue interim remedies under Sections 9(1) and 17, respectively. The laws pertaining to interim reliefs were amended by the Arbitration and Conciliation (Amendment) Act, 2015, which also offered information on the possible categories of relief and the timeline for requesting them from courts. This article focuses section related to interim relief, distinctions between Sections 9 and 17 of the Arbitration Act, which control whether courts or arbitral tribunals can issue interim relief. Further, the article also talks about some case laws and judgments related to the specific section.


Keywords: Arbitration, conciliation, court, interim relief, judgments, tribunal.

Commentaires


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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