Article
Post-Award Interim Protection Under Section 9 Of The Arbitration And Conciliation Act, 1996 Cannot Be Granted As A Matter Of Course To An Unsuccessful Party In Arbitration
The Bombay High Court in Oil and Natural Gas Corporation Limited v. Swiber Offshore Construction Pte Limited , held that post-award interim protection under Section 9 of the Arbitration and Conciliation Act, 1996, though maintainable at the instance of an unsuccessful party, cannot be granted as a matter of routine. An adverse award raises the threshold to exceptional and compelling circumstances beyond the ordinary prima facie case, balance of convenience and irreparable injury test.
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