Unsuccessful Party Can Invoke Section 9 of the Arbitration Act Post-Award: Supreme Court Resolves Divergent High Court Jurisprudence
In a significant pronouncement on the scope of interim relief under Indian arbitration law , the Supreme Court of India Supreme Court of India has held that even an unsuccessful party in arbitral proceedings may maintain an application under Section 9 of the Arbitration and Conciliation Act, 1996 after the arbitral award has been rendered. The ruling settles a long-standing conflict among various High Courts on whether post-award interim measures are available only to the award-holder or also to the party that has lost before the arbitral tribunal. Delivered by a Bench comprising Justice Manoj Misra and Justice Manmohan in Home Care Retail Marts Pvt Ltd v. Haresh N Sangavi , the judgment clarifies that the expression “a party” under Section 9 includes all parties to the arbitration agreement and cannot be judicially narrowed to mean only a successful litigant. The decision is a notable reaffirmation of statutory interpretation , procedural fairness , and the pro-arbitration fr...