#interim relief arbitration

The Bombay High Court has ruled that a petitioner need not wait for the arbitral tribunal to be constituted to seek interim relief under Section 9 - showing a prima facie breach and credible risk of asset dissipation is sufficient. This empowers lenders and creditors to act swiftly in commercial disputes, preventing irreparable harm before arbitration even begins.

The Bombay High Court has ordered a respondent in arbitration to disclose all movable, immovable, bank, and demat assets, and appointed a Court Receiver to take symbolic possession of unattached properties. This sets a new benchmark for asset preservation, ensuring claimants aren't left remedy-less when respondents conceal or dissipate assets before arbitration concludes.

Madras HC clarifies that directing deposit of title deeds under Section 9 of the Arbitration Act is a protective measure, not enforcement of an arbitral award, even if a Section 34 challenge is pending. This ruling safeguards parties' property rights during arbitration disputes without prejudging the award's validity.

The Bombay High Court granted ex-parte interim relief under Section 9 of the Arbitration Act to compel discharge of a Rs. 661 crore diesel cargo, ruling that commercial disputes over hire charges cannot justify withholding perishable or high-value goods. This sets a critical precedent for maritime arbitrations where preservation of subject matter outweighs contractual payment disputes, affecting shippers, charterers, and cargo owners globally.

Bombay High Court grants interim asset disclosure and injunction under Section 9 of the Arbitration Act, affirming courts' power to preserve subject matter before arbitral proceedings commence.