New Delhi, April 27 -- The Supreme Court has held that even an unsuccessful party in arbitration can seek interim relief under the Arbitration and Conciliation Act 1996 after an arbitral award is passed. However, the Court cautioned that such requests must be examined with care and caution.
A Bench of Justice Manoj Misra and Justice Manmohan delivered the ruling while adjudicating a batch of commercial appeals concerning the maintainability of post-award interim relief petitions filed by parties unsuccessful in arbitration.
The key issue before the Court was whether a losing party, which does not hold an enforceable award, can invoke Section 9 of the Act after the award stage.
Courts Interpretation
The Court held that Section 9 uses...