Summary

In recent times, the issue of grant of interim relief by arbitral tribunals has become centre stage. The 1985 Model Law contemplated grant of interim measures (Article 17) but it seemed half-hearted, as it did not contain an enforcement mechanism and nor were any adverse effects sanctioned in the event of non-compliance. The old Article 17 was essentially premised on voluntary compliance and therefore (not unsurprisingly) was rarely resorted to. At the same time, an approach to court (while effective) had deterrents (including the inconvenience of moving a different forum, ...