Photo of Vaidehi Chande

Associate in the Dispute Resolution Team at the Mumbai Office of Cyril Amarchand Mangaldas. Vaidehi advises and represents clients in arbitration and litigation matters arising out of civil and corporate commercial disputes. She can be reached at vaidehi.chande@cyrilshroff.com

Interim Application Already Considered by Court

Introduction

Recently, the Supreme Court in Arcelor Mittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd.,[1] (“Arcelor-Essar Judgment”) held that the bar on the Court from entertaining interim applications under Section 9(3) of the Arbitration and Conciliation Act, 1996 (“Act”) was applicable only if the application  had not been taken up for consideration at the time of the constitution of the Arbitral Tribunal. However, if the Court had heard the application even in part, and had applied its mind to it, it could decide to proceed with the adjudication of the same.


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