Meta AI: The Madras High Court’s Full Bench has clarified the scope of the word ‘enforced’ in Section 9 of the Arbitration and Conciliation Act, 1996. The court held that an application under Section 9 can be maintained post-award but before it is enforced, and the word ‘enforced’ cannot be read down as ‘enforceable’. Key points: – The court can grant interim measures before arbitration, during arbitration, or after the award but before enforcement. – The word ‘enforced’ in Section 9 means the actual enforcement of
[29/01, 19:33] Meta AI: The Madras High Court’s Full Bench has clarified the scope of the word ‘enforced’ in Section 9 of the Arbitration and Conciliation Act, 1996. The court held that an application under Section 9 can be maintained post-award but before it is enforced, and the word ‘enforced’ cannot be read down as ‘enforceable’.
Key points:
– The court can grant interim measures before arbitration, during arbitration, or after the award but before enforcement.
– The word ‘enforced’ in Section 9 means the actual enforcement of
the award, not just when it becomes enforceable.
– An application under Section 9 can be maintained even after the expiry of the period prescribed under Section 34(3) of the Act.
The Full Bench answered the questions of law, and the Registry will place the matters before the Regular Bench for disposal.
[29/01, 19:33] Sekarreporter: Key points
[29/01, 19:33] Meta AI: – Application under Section 9 of Arbitration and Conciliation Act can be maintained post-award but before enforcement.
– ‘Enforced’ in Section 9 means actual enforcement, not just when award becomes enforceable.
– Court can grant interim measures before, during, or after arbitration, but before award enforcement.
– Application under Section 9 can be maintained even after Section 34(3) period expires.