Arbitration Law Bars Interim Relief Against Third Party once Award is Unenforceable: Bombay High Court

The Bombay High Court has held that interim relief under Section 9 of the Arbitration and Conciliation Act cannot be granted against a third party once a foreign arbitral award is found unenforceable against it.

The Court ruled that Vijay Sales, not being a party to the arbitration and having no liability under the award, could not be indirectly fastened with obligations through interim measures.

It clarified that Section 9 cannot be used as a substitute for execution or to revive liability against independent third parties.

[Ningbo Aux Imp & Exp Co. Ltd. v. Amstrad Consumer India Pvt. Ltd. (formerly known as OVOT Pvt. Ltd.) & Anr.]