Applicability Of Section 17 To Foreign Seated Arbitrations

The article discusses the applicability of Section 17 of the Arbitration and Conciliation Act, 1996, to foreign-seated arbitrations. Section 17 allows parties to seek interim measures from an arbitral tribunal during the arbitration process. However, there is debate over whether this provision applies to arbitrations conducted outside India. Recent judicial interpretations have extended the application of Section 17 to foreign-seated arbitrations, emphasizing the need for interim measures even in international contexts. The discussion highlights the evolving understanding of Indian arbitration laws and their alignment with global arbitration practices, aiming to ensure effective enforcement of interim measures in international arbitration scenarios.