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INTERIM MEASURE OF PROTECTION UNDER SECTION 9 OF THE ARBITRATION ACT

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INTRODUCTION An interim measure of protection (hereinafter 'interim relief') by the court plays a very vital role in safeguarding the rights of a party before or during or after the arbitral award but before enforcement application u/s. 36 of the Arbitration and Conciliation Act, 1996 (hereinafter 'Arbitration Act'). An interim relief shields the subject-matter of the dispute till application for enforcement of an award. Often it has been observed that the defaulting party also poses the risk of dissipating assets after the dispute arises between the parties. To secure the final relief, an interim relief becomes indispensable. Otherwise, it will defeat the whole purpose of an arbitral tribunal. Because, even if a party gets an award, there should be something left to satisfy the claims. Therefore, an aggrieved party should ensure the outcome of an arbitral tribunal by filing an interim relief in a timely manner. A comprehensive view of interim relief/protection ha...