Interim relief before arbitration: court jurisdiction under section 9 exists pre-commencement if arbitration agreement and intent are shown.

Section 9 of the Arbitration and Conciliation Act, 1996 permits court-granted interim protection before arbitral proceedings commence, because the phrase "before or during arbitral proceedings" must be given effect and is not redundant. Reading section 9 with section 21, the Court held that the pre-arbitration stage is within the statutory scheme, and section 17 does not exclude court intervention because tribunal orders are not enforceable as court orders. Jurisdiction exists only if there is a valid arbitration agreement and a clear intention to refer the dispute to arbitration; a prior notice invoking arbitration is not indispensable.

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Issues: Whether a court can grant interim measures under section 9 of the Arbitration and Conciliation Act, 1996 before arbitral proceedings commence and before an arbitrator is appointed, and what conditions must exist for such jurisdiction to be exercised.

Analysis: Section 9 authorises a party to seek interim protection before, during, or after arbitral proceedings but before enforcement of the award. Section 21 provides that arbitral proceedings commence when the respondent receives a request for the dispute to be referred to arbitration. Reading these provisions together, the expression "before or during arbitral proceedings" is not redundant and must be given effect. The Court also noted that section 17 gives interim powers to the arbitral tribunal but those orders are not enforceable as court orders, which supports the availability of court protection before proceedings begin. The scheme of the 1996 Act differs from the Arbitration Act, 1940, and the earlier law cannot control the interpretation of section 9. The Court further held that, although a prior notice invoking arbitration is not indispensable, the applicant must show a valid arbitration agreement and a manifest intention to take the dispute to arbitration.

Conclusion: Section 9 does confer jurisdiction on the court to grant interim relief before the commencement of arbitral proceedings, subject to the existence of a valid arbitration agreement and the applicant's intention to pursue arbitration.

Ratio Decidendi: The phrase "before or during arbitral proceedings" in section 9 of the Arbitration and Conciliation Act, 1996 includes the period before commencement of arbitration, so a court may grant interim protection at that stage if a valid arbitration agreement exists and the applicant intends to refer the dispute to arbitration.

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