Who Judges Whom: Turf Wars, Forum Shopping And Anti-suit Injunctions

Introduction

An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit.¹ When courts are approached by a party seeking an anti-suit injunction, they generally establish a 'forum conveniens', i.e., determine the most appropriate forum to decide upon the dispute. Once determined, the court recognise this forum as the one where the dispute has a 'substantial and real' connection.

Ordinarily, territorial jurisdiction in suits pertaining to intellectual property (IP) in India are determined by Section 20 of the Civil Procedure Code, 1908, which states that suits shall be instituted at the court within whose jurisdiction (i) any of the defendants reside, carry on business, or personally work for gain; or (ii) the cause of action arises, wholly or in part.