To Grant Or Not To Grant: Anti-Arbitration Injunctions In India

The conundrum of this Shakespearean tragedy has embedded itself in the canvass of the Indian Arbitration Law, and the passage of time has not made the decision making any easier. Of course, as always, it depends on the facts of each case. Does that make the answer any simpler? We have to quickly breeze though the statute and the herculean precedents laid down by the Courts of India, to reach even a cursory conclusion in this regard.

The Incidences:

In India, recently there has been a wave of instances of Anti-Arbitration injunctions being sought by parties who have either subjected themselves to the jurisdiction to a foreign law and seat of Arbitration or there is a claim to that effect. The grounds on which such injunction is sought varies, however the underlying objective seems to be common – to enjoin foreign seated arbitration proceedings.