Under the Arbitration and Conciliation Act, 1996, which Section empowers the Court to grant interim measures of protection?
Arbitration Act Section for Court Interim Measures
The question asks to identify the specific section within the Arbitration and Conciliation Act, 1996 that grants authority to the Court to provide interim measures of protection. These measures are crucial for safeguarding a party's rights during the arbitration process.
Understanding Interim Measures in Arbitration
Interim measures are temporary orders issued by a judicial authority (in this case, the Court) to protect a party's interests while the main arbitration dispute is being resolved. This can include things like securing evidence, maintaining the status quo, or preserving property.
Analysis of Relevant Sections
Let's look at the options provided in the context of the Arbitration and Conciliation Act, 1996:
- Section 8: Powers to refer parties to arbitration. This section deals with the obligation of a judicial authority before which a matter, capable of being the subject of arbitration, is brought, to refer the parties to arbitration upon a request made by one of the parties. It does not deal with granting interim measures.
- Section 9: Interim measures ordered by Court. This section specifically empowers the Court to grant interim measures of protection. It clarifies that a party can apply to the Court for an interim measure either before the establishment of the arbitral tribunal, during the arbitral proceedings, or after an arbitral award is made but before it is enforced. This directly addresses the question.
- Section 11: Appointment of arbitrators. This section outlines the procedure for appointing arbitrators when the parties cannot agree or when the agreed mechanism fails. It does not cover interim measures.
- Section 17: Interim measures ordered by Arbitral Tribunal. This section grants the *Arbitral Tribunal* itself the power to grant interim measures. While related to interim measures, it is distinct from the Court's power, which is the focus of the question.
Conclusion on Court's Power
Based on the analysis, Section 9 of the Arbitration and Conciliation Act, 1996, is the provision that explicitly empowers the Court to grant interim measures of protection to the parties involved in an arbitration.
Therefore, the correct option relates to Section 9.
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