This article was first published by Legalera on October 18, 2023.

SUMMARY

It is settled that courts can grant interim reliefs against third parties under Section 9 of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”). However, arbitral tribunals’ powers to exercise similar powers has been a long-drawn debate. Various High Courts have adopted differing stances. In this article, we look at the key decisions of Indian courts which have found arbitral tribunals without any power under the scheme of the Arbitration Act, notwithstanding the Arbitration & Conciliation (Amendment) Act, 2015 which, at first blush, brought the scopes of sections 9 and 17 on par with each other. On the other hand, there have also been judgments where impleadment of third-parties by the tribunal has been upheld by courts.

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