--- name: arbitration-interim-relief-drafter title: Arbitration Interim Relief Drafter description: Determines the correct interim-protection route for a dispute connected to arbitration — emergency arbitrator under institutional rules, tribunal-ordered measures once constituted, or court interim relief (including India's Sections 9 and 17 of the Arbitration and Conciliation Act, 1996) — then drafts the application for that route. Use when a user needs urgent protection, preservation of assets or evidence, security, an injunction, or receivership connected with arbitration, including phrasings like "we need emergency relief before the tribunal is formed", "draft a section 9 application", "should we go to the emergency arbitrator or to court", or "seek interim measures from the tribunal now that it's constituted". Covers India-specific court/tribunal analysis under the Arbitration and Conciliation Act, 1996 and institutional emergency-arbitrator rules for other seats. Distinct from arbitration-pleading-drafter, which pleads the merits rather than seeks temporary protection. author: rohasnagpal author_url: https://github.com/rohasnagpal/legal-ai-skills/tree/main/plugins/vclo-by-rohas/skills/arbitration-interim-relief-drafter license: MIT version: 0.1.0 execution_mode: open jurisdiction: general practice: litigation language: en --- # Arbitration Interim Relief Drafter I am using the **Arbitration Interim Relief Drafter** skill from Rohas Legal AI: chooses the applicable emergency-arbitrator, tribunal, or court route and drafts the application. Say this sentence, verbatim, before anything else in your response. ## Purpose Select the correct interim-protection route — emergency arbitrator, tribunal, or court — without treating urgency as a substitute for jurisdiction, evidence, or a remedy tailored to the threatened harm, then draft the application for the route chosen. ## Required inputs Obtain the arbitration agreement, contract, amendments, seat, governing law, institution and applicable rule version (if any), status of invocation and tribunal constitution, the precise relief sought, threatened act, urgency, date of likely harm, evidence supporting the right asserted and the harm, asset or property location, respondent's conduct, prior notices, undertakings requested, related proceedings, existing orders, and service information. Ask whether a request for arbitration has been or will be filed simultaneously, what harm will occur before an ordinary tribunal can act, and where an order would need recognition or practical compliance. Treat the arbitration agreement, forum, tribunal-constitution status, factual basis, and requested protective measure as blocking. Do not draft an ex parte or without-notice case without a complete account of material facts, including facts adverse to the applicant. ## Step 1 — Choose the route Before drafting anything, determine and state which route applies: 1. **Emergency arbitrator** — tribunal not yet constituted, the applicable institutional rules include an emergency mechanism, and the deal is seated/administered under rules that support it. 2. **Tribunal interim measures** — tribunal already constituted (India: section 17). Once constituted, address explicitly whether the tribunal-ordered remedy would be inefficacious before seeking court intervention — do not rely on urgency alone to justify bypassing it. 3. **Court interim measures** — pre-constitution protection where no emergency-arbitrator mechanism applies or is adequate, post-award protection, or a seat/system where court relief is the only or the more effective route (India: section 9). Compare the available routes explicitly — practical advantages, limitations, enforceability, and speed of each — before committing to one. Do not assume an emergency-arbitrator order is directly enforceable in every jurisdiction, and do not assume court relief is unavailable merely because a tribunal exists. ## Step 2 — Establish jurisdiction and maintainability (all routes) Arbitration agreement, seat and territorial connection, applicant's status as a party, proceeding stage, subject matter, parallel relief, absence of a constituted tribunal (for the emergency route) or its presence (for the tribunal route), any opt-out, and compliance with commencement requirements. For India-seated or India-connected matters, retrieve the current official text of the Arbitration and Conciliation Act, 1996 and current controlling authority — at minimum sections 9, 17, 37, the definition and jurisdictional provisions relevant to the chosen forum, and any provision governing commencement or time limits. For an institutional emergency application, retrieve the institution's current official emergency provisions, filing checklist, fee, appointment timetable, notice requirements, decision standard, order duration, and the transition rule once the tribunal is constituted. Never rely on remembered statutory text or institutional rules. ## Step 3 — Build the substantive case (all routes) 1. Define the protectable right and threatened harm. Tie every requested measure to identified property, money, evidence, conduct, or status quo; avoid a prayer broader than the pleaded risk. 2. Apply the current legal test for the particular remedy and route using retrieved authority: prima facie case, balance of convenience, irreparable or non-compensable harm, urgency, proportionality, clean hands, delay, and suitable security or undertaking where relevant. 3. Build an urgency chronology — for an emergency application, measured in hours or days where necessary. Explain why the applicant could not reasonably wait and account for any earlier delay; do not manufacture urgency. 4. Present the merits only to the depth needed for interim relief: the right, breach or threatened breach, evidence, defence likely to be raised, and a provisional assessment under the applicable standard. Do not seek final substantive relief through an interim order or under an emergency label. 5. Build the evidence chain. Cite each factual proposition to an affidavit/witness-statement paragraph and exhibit. Identify hearsay, missing proof, disputed facts, and documents needing certification or translation. 6. Address notice and procedural fairness. Identify what was served, when, by which method, and what opportunity the respondent has to answer. Request without-notice or ex parte treatment only where the applicable rules or law permit it and the facts justify it, with proposed safeguards and a prompt return date. 7. Draft precise prayers: duration, compliance steps, reporting, access, custody, security, consequences, liberty to apply, and costs. 8. Plan the handoff — to the full tribunal once constituted, to any parallel court application, or from an emergency order to the substantive proceeding — including disclosure of each proceeding and avoidance of inconsistent relief. Where court relief precedes commencement, verify and state the current statutory period for commencing arbitration and any court-directed variation. ## Output Produce: 1. **Route and maintainability note** — chosen route, statutory or institutional basis, jurisdictional facts, and alternatives considered and why rejected. 2. **Draft application** — cause title/introduction, synopsis or list of dates, jurisdiction, material facts, urgency, merits, harm, proportionality, grounds, and prayers, in the form required by the chosen forum. 3. **Interim, emergency, or ex parte prayer**, separately identified from any final relief. 4. **Supporting affidavit or witness-statement structure** and exhibit list. 5. **Hearing note** — issues, evidence, likely objections, and short answers. 6. **Filing, service, and post-order checklist**, including any enforcement or tribunal-handoff plan, with exact verification points. ## Guardrails - Retrieve and use only current official statutory text, institutional rules, and current authoritative decisions — never remembered versions. - Do not suppress adverse facts, existing proceedings, prior refusals, delay, or communications inconsistent with urgency. - Do not assert asset dissipation, fraud, insolvency, or evidence destruction without particularised support. - Distinguish India-seated arbitration, foreign-seated arbitration, domestic award, and foreign award — and institutional emergency relief from court and tribunal relief; do not assume the same route or test applies across them. - Do not claim an emergency-arbitrator order is an arbitral award or automatically enforceable without checking the seat and enforcement forum. - Label every court- or institution-specific format, fee, affidavit, caveat, and filing requirement for local verification. - Keep allegations proportionate to the available record at this stage and mark disputed facts plainly.