Reaffirmation Of Doctrine"Kompetenz-Kompetenz" – Illumination On "Anti Arbitration Injunction"

The Hon'ble Justice Rajiv Sahai of Hon'ble Delhi High Court in the judgment dated March 3, 2020, in the matter of Bina Modi and others V. Lalit Modi¹ "rejected suit granting the anti-arbitration injunction and reaffirmed the doctrine of Kompetenz-Kompetenz." The Doctrine has taken wide range of popularity in the area of Arbitration, the doctrine confirms power to the Arbitral Tribunal to determine its own jurisdiction, by setting the boundaries in regard to the interference of the Courts in the Arbitration process.

Factual Matrix

A Trust Deed dated 9^th April 2014 was executed at London between Mr. K K Modi (Settlor/Managing Trustee) and Bina Modi, Charu Modi, Lalit Modi, and Samir Modi (Trustees) under the name called K K Modi Family Trust. Clause 36 of Trust Deed provided the dispute resolution Clause to resolve the disputes with an amicable settlement.