|
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 |
