shahsi

Securing the Res: The Pre-Tribunal Window Commercial disputes rarely afford parties the luxury of time. Between the genesis of an arbitrable dispute and the formal constitution of an arbitral tribunal, assets can be dissipated, performance bank guarantees encashed, and multi-crore infrastructure works terminated unilaterally. Under Section 9 of the Arbitration and Conciliation Act 1996, the commercial court exercises broad supervisory powers to grant interim measures of protection: - Preservation, interim custody, or sale of goods subject to dispute. - Securing the amount in dispute through deposit or bank guarantees. - Injunctions restraining wrongful termination or encashment of unconditional guarantees on grounds of established fraud or special equities. --- ### The Commercial Courts Act 2015 Strictures With strict timelines under the Commercial Courts Act, pleadings must be razor-sharp. Pre-institution mediation requirements under Section 12A do not apply when urgent interim relief is bona fide contemplated.