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

    Question

    Statement I - Arbitral tribunal does not have the power

    to order for Interim measures.       Statement II- S. 17 of Arbitration & Conciliation Act deals with Interim measures ordered under arbitration.
    A I & II are correct and II is correct Explanation of I. Correct Answer Incorrect Answer
    B I & II are false and II is correct Explanation of I. Correct Answer Incorrect Answer
    C I is wrong & II is correct and II is not correct Explanation of I. Correct Answer Incorrect Answer
    D I & II are correct and II is not correct Explanation of I. Correct Answer Incorrect Answer
    E I is correct & II is wrong and II is not the correct Explanation of I. Correct Answer Incorrect Answer

    Solution

    S.17. Interim measures ordered by arbitral tribunal.—(1) A party may, during the 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 the arbitral tribunal— (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 arbitral tribunal to be just  and convenient,  and the arbitral tribunal shall have the same power for making orders, as the court has for the purpose of,  and in relation to, any proceedings before it. (2) Subject to any orders passed in an appeal under section 37, any order issued by the arbitral  tribunal under this section shall be deemed to be an order of the Court for all purposes and shall be  enforceable under the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were an  order of the Court.

    Practice Next