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The Supreme Court has clarified the scope of interim relief available under Section 9 of the Arbitration and Conciliation Act, 1996, addressing whether unsuccessful parties in arbitration proceedings retain the right to seek protective measures post-award. This landmark ruling examines the interpretation of 'a party' under the statutory framework and establishes the stringent standards courts must apply when evaluating such applications from parties who did not prevail in arbitration.
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The SC in Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi1 held that any party to an arbitration agreement, including an unsuccessful party, may seek interim measures of protection under Section 9 of the Arbitration and Conciliation Act, 1996 (‘ArbitrationAct’), at the post-award stage, as the expression ‘a party’ under Section 9 of the Arbitration Act draws no distinction based on the outcome of the arbitral proceedings. However, the SC also observed that the threshold for grant of interim relief will be higher in the case of an unsuccessful party seeking such relief, and that such relief should be granted only in rare and compelling cases, with courts exercising care, caution, and circumspection.
Footnote
1. Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi, 2026 SCC OnLine SC 670.
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