Differences between section 9 and section 17 of the Arbitration and Conciliation Act, 1996

by admin · June 16, 2018

	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