Section 9 | Section 17 | |
Interim measures by a Court | Interim measures by the Arbitral Tribunal | |
Scope | Exercise powers in certain matters of arbitration | Exercise powers in the subject matter of the dispute only |
Exclusion | Cannot be excluded by the parties | Can be excluded by an explicit clause in the Arbitration Agreement |
Tribunal Formation | Can operate even when an Arbitral Tribunal has not yet been formed or is not in existence at the time | Can operate only when an Arbitral Tribunal is formed |
When can it be invoked | Any time before tribunal has been constituted unless there are exceptional cirucmstances (as per amendment) not during arbitration proceedings | When arbitral proceedings are pending – not pre/post proceedings |
Applicability | Only when place of arbitration is within India | Even when place of arbitration is not in India |
Differences between section 9 and section 17 of the Arbitration and Conciliation Act, 1996
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