https://www.taxtmi.com/article/detailed?id=12056 The article evaluates whether principles of attachment before judgment under Order 38 Rule 5 CPC should govern applications for securing disputed amounts under the Arbitration and Conciliation Act. It summarizes judicial divergence between courts that apply the twin prerequisites of a strong prima facie case and risk of frustration of relief, and courts that permit broader discretion under arbitration law. The author advises a middle approach: apply Order 38 principles as a preliminary filter to exclude frivolous claims while allowing discretionary departures where special circumstances warrant interim security. en-us Tue, 21 Nov 2023 10:09:14 +0530 Tue, 21 Nov 2023 10:09:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/article/detailed?id=12056 The article evaluates whether principles of attachment before judgment under Order 38 Rule 5 CPC should govern applications for securing disputed amounts under the Arbitration and Conciliation Act. It summarizes judicial divergence between courts that apply the twin prerequisites of a strong prima facie case and risk of frustration of relief, and courts that permit broader discretion under arbitration law. The author advises a middle approach: apply Order 38 principles as a preliminary filter to exclude frivolous claims while allowing discretionary departures where special circumstances warrant interim security. Articles Corporate Laws / IBC / SEBI Tue, 21 Nov 2023 10:09:14 +0530 https://www.taxtmi.com/article/detailed?id=12056