There is no bar on an arbitral tribunal enforcing its order for the payment of fees, arrived at by mutual consent, under Section 27(5) of the Arbitration Act.
1. Introduction
Section 17 of the Arbitration and Conciliation Act, 1996
(
the Act ) prescribes a mechanism for
parties to an arbitration, to seek interim reliefs from the
arbitral tribunal during the pendency of the arbitral
proceedings.
1 Parties to an arbitration may seek the
said reliefs after invocation of the arbitration proceedings till
the passing of the award. The present article discusses the
applicability, principles for seeking interim reliefs and
enforceability of orders under Section 17 of the Act, pursuant to
the amendments to the Act in 2015 and subsequently in 2019.
2. Amendments to Section 17 of the Act
Before the amendment of the Act by the Arbitration and