ABSTRACT

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Interim Measures in Arbitration: A Comparative Analysis of Indian and English Arbitration Acts

Author: Nakul DEWAN

Type: Article

ref: 62003667-695

N0:6 of 2003

Pages: 667-695

The article deals with the grant of interim measures in arbitration proceedings under the provisions of the Arbitration and Conciliation Act, 1996 of India and Arbitration Act, 1996 enacted in England.
It proceeds with a discussion of the relevant provisions under the UNCITRAL Model Law and compares the same with provisions under the two statutes.
A comparison is made between the scope of arbitral tribunals and Courts under both the statutes, keeping in mind that the statutes have recognised the minimal role to be played by Courts.
The article analysis how it is necessary for courts to keep in mind the powers exercisable by the arbitral tribunal and only in terms thereof ascertain whether they ought to interfere in granting interim measures.
The discussion culminates with brief look at the granting of interim relief in the nature of ‘security for costs.’