Between Deference And Re-litigation: Indian Courts And Foreign-seated Interim Measures

This article is originally published by Global Arbitration Review in the Asia Pacific Arbitration Review, 2027 at Between deference and re-litigation: Indian courts and foreign-seated interim measures.

In summary

Indian law provides no direct mechanism for recognition or enforcement of interim measures issued by foreign-seated arbitral tribunals or emergency arbitrators. Consequently, parties are constrained to invoke section 9 as an indirect route to obtain relief similar to that granted by a foreign tribunal. This article identifies the divergent judicial approaches towards the degree of deference to be given to an existing foreign interim order as well as the level of scrutiny to be undertaken when parties invoke section 9 to obtain a similar relief. It identifies two distinct approaches: a de novo approach, requiring a fresh consideration of interim relief and a deferential approach, which accords deference to foreign interim orders while preserving the court’s ability to