New RBI Grade B 2025 Notification will come Soon! Enroll Here

    Question

    A party to arbitration proceeding may apply to the court

    for appointment of guardian for minor for arbitral proceedings :
    A At any stage of arbitral proceedings Correct Answer Incorrect Answer
    B During arbitral proceedings Correct Answer Incorrect Answer
    C After making of arbitral award. Correct Answer Incorrect Answer
    D A & B Correct Answer Incorrect Answer
    E At any stage of arbitral proceedings before enforcement of arbitral award Correct Answer Incorrect Answer

    Solution

    As per s.9.Interim measures, etc., by Court.— [(1)]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 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.

    Practice Next