Anti-arbitration Injunctions in International Investment Arbitration: An Indian Overview

[Anujay Shrivastava and Anubhav Khamroi are both 4th Year B.A., LL.B. (Hons.) Students at Jindal Global Law School, Sonipat] Introduction The jurisprudence concerning anti-arbitration injunctions is yet to fully develop in India. Anti-arbitration injunctions must be distinguished from the more well-known anti-suit injunctions. While the latter is in the nature of injunction orders passed by a judicial authority directing a party not to initiate or pursue legal action in a foreign court, the former includes injunction orders directing a party to not initiate or continue an arbitration proceeding.   An anti-arbitration injunction stays the arbitration proceedings and restores the parties to the position where the suit does not potentially become infructuous, unconscionable or oppressive. As held by Delhi High Court in the McDonalds India Pvt. Ltd. v. Vikram Bakshi (2016), the principles which apply to an anti-suit injunction will not necessarily apply to an anti-arbitration…

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