Anti-arbitration injunction Archives – National Forum for Research in Arbitration Law

Civil courts have the power to grant an anti-arbitration injunction, but sparingly, and in line with principles outlined in paragraph 24 of Modi Entertainment Network

August 22, 2020 Update by Simran Patel

Balasore Alloys Limited v. Medima LLC Court: Bombay High Court | Case Number: CS No. 59 of 2020 (Ad-interim order)| Citation: Not currently available | Judge: Shekhar B Saraf J | Date: 12 August 2020 | Available at: Bombay High Court’s website Disagreeing with Rajiv Sahai Endlaw J’s decision in

Spentex Industries Ltd. v. Quinn Emanuel Urquhart & Sullivan LLP Court: High Court of Delhi | Case Number: CS (OS) 568 of 2017 | Citation: Not currently available | Judge: Jayant Nath J| Date: 12 May 2020 | Available at: https://indiankanoon.org/doc/28419108/ A. THE BACKGROUND Spentex Industries, an Indian company,

A suit for an anti-arbitration injunction on the ground that the arbitrator does not have jurisdiction is not maintainable given the Supreme Court’s decision in Kvaerner Cementation India Limited v. Bajranglal Agarwal (2012) 5 SCC 215. It is a matter for the arbitrator to decide. (Delhi High Court) (currently before a division bench in appeal)

March 29, 2020 Updates by Editor

Dr Bina Modi v. Lalit Modi and others, CS(OS) 84/2020 Delhi High Court; single-judge bench, Rajiv Sahai Endlaw J.; Decided on 3 March 2020 A. PREFACE: SEEKING ANTI-ARBITRATION INJUNCTION ON THE GROUND THAT DISPUTE IS NOT ARBITRABLE–RELYING ON VIMAL KISHOR SHAH AND VIDYA DROLIA CASE. The question before the High

Category: Anti-arbitration injunction

Civil courts have the power to grant an anti-arbitration injunction, but sparingly, and in line with principles outlined in paragraph 24 of Modi Entertainment Network

Proceedings by lawyer for recovery of money amounts to a commercial relationship under Section 44 ACA. (Delhi High Court)