Interim Measures U/S 9 Of Arbitration Can't Be Sought By MSME During Conciliation Proceedings: Calcutta High Court

Interim Measures U/S 9 of Arbitration Can't Be Sought by MSME During Conciliation; Arbitration Act Applies Only After Conciliation Fails: Calcutta HC The Calcutta High Court has ruled that an MSME (Micro, Small and Medium Enterprise) cannot seek interim measures under Section 9 of the Arbitration and Conciliation Act during the conciliation process. The court clarified that the Arbitration Act's provisions for interim measures apply only after the conciliation process, mandated under the MSMED Act, has failed. This decision emphasizes the sequential nature of dispute resolution for MSMEs, prioritizing conciliation before formal arbitration proceedings.