Post-Award Section 9 Relief Available to Unsuccessful Party in Rare and Compelling Cases

  1. Home
  2. /
  3. Publications
  4. /
  5. Case Snippets
  6. /
  7. Post-Award Section 9...

In National Projects Construction Corporation Ltd. v. Ishvakoo (India) Pvt. Ltd. the Supreme Court held that an unsuccessful party in arbitration is not, merely by reason of having lost the arbitration, precluded from invoking Section 9 of the Arbitration and Conciliation Act, 1996 at the post-award stage. The Court clarified that such relief is not available as a matter of course. In rare and compelling cases, an award debtor may invoke Section 9 to preserve the existing position or prevent the interim protection from being rendered ineffective, but the threshold for granting relief is higher than in an application filed by the successful party seeking to secure the fruits of the award. The Court’s reasoning assumes particular significance in light of Gayatri Balasamy v. ISG Novasoft Technologies Ltd., which recognised the Court’s limited power to modify an arbitral award while exercising jurisdiction under Section 34. To obtain the said relief the applicant will have to establish the essential ingredients of prima facie case, balance of convenience, and likelihood of irreparable harm.

Tags:

Let us help you!

If you need any help, please feel free to contact us. We will get back to you within one business day. Alternatively, if you're in a hurry, you can call us now

+91 9052538538
info@karavadi.in

Recent Case Snippets

Supreme Court Overrules Azeez Basha: Reframes Minority Institution Criteria in Aligarh Muslim University Case

In AMU v. Naresh Agarwal (2024 INSC 856), a 4:3 Constitution Bench overruled Azeez Basha (1967), holding that an institution does not lose minority status merely because it was created by statute. Chief Justice Chandrachud clarified that “establishment” under Article 30(1) depends on the community’s role in founding it, not Read more »

K. Shanthamma Vs. State of Telangana, (2022) 4 SCC 574

That the proof of 'demand of bribe' by a public servant and its acceptance by him is sine qua non for establishing the offence of bribe taking, coming under Section 7 of the Prevention of Corruption Act, 1988 (PC Act). Read more »

Tarina Sen Vs. Union of India & Anr. 2024 INSC 752

In this Criminal Appeal, the Supreme Court quashed criminal proceedings, quashing charges u/s 120-B, 420, 468 and 471 of Indian Penal Code 1860 & S.13(2) r/with 13(1)(d) of the Prevention of Corruption Act 1988 and held that continuing the criminal trial would cause great oppression & prejudice, when the appellants Read more »

Disclaimer

The Rules and Regulations set forth by the Bar Council of India under Advocates Act, 1961 prohibit Advocates or Law Firms from advertising or soliciting work through public domain communications. This website is intended solely to provide information. Karavadi & Associates (“K&A”) does not aim to advertise or solicit clients through this platform. K & A disclaim any responsibility for decisions made by readers/visitors based solely on the content of this website.

By clicking 'AGREE,' readers/visitors agree and acknowledge that the information provided herein (a) does not constitute advertising or solicitation, and (b) is intended solely for their understanding of K & A services. By continuing to use this site, you consent to the use of cookies on your device as outlined in our Cookie Policy.