The question (6 marks)
Arbitration has commenced between Rohan and Tanvi over a disputed godown. Before the tribunal is constituted Rohan fears that Tanvi will sell the godown, and after the tribunal is constituted he fears she will remove the stock in it. Advise Rohan on where he should seek interim protection at each stage, and on how such an order is enforced. (6 marks)
MU Module II, interim measures; pack ch. 02, ss. 9 and 17 with the 2015 and 2019 changes.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · The Arbitration and Conciliation Act, 1996: Domestic Arbitration of Alternate Dispute Resolution.
Authorities you will need
- Arbitration and Conciliation Act
- Sundaram Finance Ltd. v. NEPC India Ltd.
- Firm Ashok Traders v. Gurumukh Das Saluja
- M.D. Army Welfare Housing Organisation v. Sumangal Services (P) Ltd.
How an answer is marked
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