Title: Interim Measures for Deposit's in Arbitration:: From the Lens of Tenancy Cases
Author(s): Nishant Datta (View Profile)
Journal: Indian Review of International Arbitration
Source: www.iriarb.com
Abstract:
This article critically examines the application of interim measures for deposits in arbitration within the context of tenancy disputes in India. Against the backdrop of prolonged court delays and an increasing shift from traditional litigation to arbitration, the article outlines the imperative for expeditious relief in landlord-tenant conflicts. First, it underscores how judicial interventions under Sections 9 and 17 of the Arbitration and Conciliation Act, 1996 provide vital powers to secure interim reliefs aimed at preserving property rights and mitigating financial losses, particularly when landlords face protracted litigation and challenges in recovering arrears. Second, the discussion navigates the benefits of tenancy arbitration, highlighting its cost-effectiveness, speed, and procedural flexibility, attributes that are especially significant in a scenario where traditional court processes can extend over decades. In doing so, several landmark judgments are examined to illustrate how the arbitrator’s autonomy and statutory timelines enhance dispute resolution efficiency, thereby reducing the economic burden on parties. Third, the article provides a detailed comparison between the powers of civil courts under the Code of Civil Procedure and those vested in arbitral tribunals by the Arbitration Act. Last, the article establishes that the judiciary’s pro-arbitration stance effectively widens the scope for interim reliefs, thereby safeguarding lessors’ rights against defaulting tenants and preventing the dissipation of assets. Lastly, the article touches upon areas for improvement in this domain and discusses scope for evolution in the current arbitration regime in the Indian context.
Keywords: Tenancy Arbitration, Interim Measures, Landlord–Tenant Disputes, Judicial Intervention in Arbitration
Cite this as: Nishant Datta , “Interim Measures for Deposit(s) in Arbitration: From the Lens of Tenancy Cases” 5 IRIArb (2025).
*The views expressed are of author(s) only.