#Section 9 Application

Calcutta High Court holds that interim relief applications under Section 9 of the Arbitration and Conciliation Act, 1996, in commercial disputes must exclusively be heard by courts notified under the Commercial Courts Act, 2015. Orders passed by non-designated courts are set aside, reinforcing jurisdictional clarity for businesses and arbitral parties.

The NCLAT has ruled that profit-sharing payments under an Operation & Management agreement are not operational debt under the IBC, as they arise from commercial collaboration, not goods or services supplied. This clarifies the boundary between revenue-sharing arrangements and true creditor-debtor relationships, impacting how operators and owners structure agreements to avoid insolvency triggers.