A STUDY ON THE ROLE OF COURTS IN GRANTING INTERIM RELIEF UNDER ARBITRATION AND CONCILIATION ACT, 1996

AUTHOR – R. RAKUL, STUDENT AT SAVEETHA SCHOOL OF LAW

BEST CITATION – R. RAKUL, A STUDY ON THE ROLE OF COURTS IN GRANTING INTERIM RELIEF UNDER ARBITRATION AND CONCILIATION ACT, 1996, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 179-202, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Arbitration and Conciliation Act, 1996 was enacted to promote speedy and effective dispute resolution with minimal judicial intervention. However, the role of courts in granting interim relief has remained a crucial aspect in safeguarding the interests of parties during the pendency of arbitral proceedings. Interim relief serves as a protective mechanism to preserve the subject matter of the dispute, prevent irreparable harm, and ensure the enforceability of arbitral awards. The aim is to understand how judicial intervention supports the arbitral process while maintaining a balance between court supervision and arbitral autonomy. The objectives of the study is to analyze the role and scope of Indian courts in granting interim relief under the Arbitration and Conciliation Act, 1996 To study the limitations and challenges faced by courts and parties seeking interim relief, particularly in light of amendments and judicial precedents. The methodology adopts a doctrinal method of research. Primary sources include statutory provisions of the Arbitration and Conciliation Act, 1996, and landmark judicial decisions of the Supreme Court and various High Courts. The findings reveal that Courts play a vital protective role by granting interim relief to prevent frustration of arbitral proceedings. Judicial interpretation has evolved to limit excessive court intervention and encourage tribunal-led interim measures under Section 17. In conclusion, The role of courts in granting interim relief under the Arbitration and Conciliation Act, 1996 is both necessary and supportive in nature. While arbitration aims to reduce judicial interference, court intervention in interim matters remains crucial for safeguarding the interests of parties and ensuring the effectiveness of the arbitral process.

KEYWORDS: Arbitration and Conciliation Act, 1996, Interim Relief, Judicial Intervention, Arbitral Autonomy, Alternative Dispute Resolution.