Section 9 Maintainability and Efficacy of Remedies in Foreign-Seated International Commercial Arbitrations

sketch of the Bombay High Court
Case
Sunfield Global Pte Limited v. Liberty Investments Private Limited (Bombay High Court, 22-09-2026)
Law
Arbitration and Conciliation Act, Code of Civil Procedure.

Highlights of the Judgment:

  • Examination of Section 9(3) of the Arbitration and Conciliation Act regarding the bar on court-ordered interim measures post-tribunal constitution.
  • Analysis of whether an alternate remedy under FOSFA rules and the English Arbitration Act is legally efficacious for securing Indian assets.
  • Interpretation of the scope of interim reliefs under Section 9 for foreign-seated international commercial arbitrations.
  • Distinction between the strict requirements of Order XXXVIII Rule 5 CPC and the broader preventive scope of Section 9 against asset diminution.
  • Judicial scrutiny on preventing a party from benefiting from court delays in hearing pre-constitution Section 9 applications.