The Epiphany Called Anti-Suit And Anti-Anti-Suit Injunctions

Introduction

What is so unique about the Delhi High Court's order in Interdigital Technology Corporation & Ors. v. Xiaomi Corporation & Ors.¹, (hereinafter 'Xiaomi case') which has pulled the Indian legal fraternity's attention. Yes, it is the first 'Anti-anti Suit Injunction' order ever passed by an Indian Court. Ever heard of this legal nomenclature? I did not, at least not before October 9, 2020, when Hon'ble Mr. Justice C. Hari Shankar passed this one of its kind order. The said order was later confirmed by the High Court's judgment dated May 3, 2021.

Analysis and Findings

To get a grip over the concept of 'Anti-anti Suit Injunction' (hereinafter 'A2SI') we need understand concept of ant-suit injunctions. So, without further ado, let us directly refer to the case laws holding the field.