INDIA Law and Practice Contributed by: Aditya Jalan, Urvashi Misra, Bhagya K. Yadav and Sushrut Garg, AZB & Partners
3.9 Court Intervention During arbitral proceedings, courts may intervene where interim measures of protection are sought under Section 9 of the Arbitration Act. At the post-award stage, courts may intervene where an arbitral award is challenged under Section 34 of the Arbitration Act on specified statutory grounds. Courts may also intervene at the enforcement stage, where the enforcement of an arbitral award is carried out in accordance with the statutory framework under Sec- tion 36, 47, 48, 49, 56, 57 and 58 of the Arbitration Act. 3.10 Relief Final reliefs available in arbitration have a wide scope – they include reliefs for liquidated and unliquidated damages, declaratory reliefs, specific performance, recission and other reliefs in personam. Additionally, Section 28 of the Arbitration Act grants the power to an arbitral tribunal to grant equitable relief. Section 17 of Arbitration Act provides that the arbitral tribu- nal may order a party to take any interim measure of protection as it considers necessary in respect of the subject matter of the dispute. Interim relief under Section 17 is available only during the pendency of arbitral proceedings and before the final award is made whereas interim relief under Sec- tion 9 of Arbitration Act from a court is available even prior to the constitution of the arbitral tribunal or after the pronouncement of award. Orders passed by the arbitral tribunal under Sec- tion 17 are deemed to be orders of the court and are enforceable in the same manner as court orders. In addition to interim measures, arbitral tribunals may also issue interim arbitral awards on specific issues during the course of proceedings under Section 31 (6) of the Arbitration Act.
Other institutional frameworks in India include bod- ies such as the Indian Council of Arbitration, which administers arbitration proceedings in India. Further, institutional arbitration in India is supported by specialised centres such as the Construction Indus- try Arbitration Council and the International Centre for Alternative Dispute Resolution. There are various The Arbitration Act provides that, in domestic arbitra- tions, the arbitral award must be made within twelve months from the date of completion of pleadings (Sec- tion 29A(1), Arbitration Act). However, the parties can seek a period of extension for a maximum of 6 months by mutual consent (Section 29 A(3), Arbitration Act). In the event parties require a further extension, they require leave of the Court for the same (Section 29 A(4), Arbitration Act). In the case of international commercial arbitration, there is no statutory timeline under the Arbitration Act. 3.7 Regulation of Arbitration The primary legislation governing arbitration in India is the Arbitration Act, which consolidates the law relating to domestic arbitration, international commercial arbi- tration, and enforcement of foreign arbitral awards. The structure of the Arbitration Act provides that Part I governs arbitrations seated in India, while Part II gov- erns the enforcement of foreign arbitral awards. 3.8 Court Powers other arbitral institutions as well. 3.6 Length of Proceedings Courts in India have the power to refer parties to arbi- tration, as provided under Section 8 of the Arbitration Act. Courts also have the power to appoint arbitrators under Section 11 of the Arbitration Act. Courts may provide assistance in taking evidence under Section 27 of the Arbitration Act. Section 27 of the Arbitration Act also provides for assistance of the Court in rela- tion to any party guilty of any contempt to the arbitral tribunal. Courts are further empowered under Section 9 of the Arbitration Act to grant interim relief. Courts also play a role in enforcement, as an arbitral award is enforce- able as a decree of the court.
4. Other ADR Methods 4.1 ADR Procedures
In India, ADR mechanisms are mainly recognised under Section 89 CPC, allowing courts to refer dis- putes to mediation, conciliation, or Lok Adalat. Con-
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