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

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

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