Forum Conveniens? India's Tryst with Anti-Arbitration Injunctions

'Pari Passu: Arbitration on an equal footing with Adjudication', Centre for Advanced Research in Dispute Settlement, Forthcoming

13 Pages Posted: 4 Feb 2017

Date Written: September 9, 2016

Abstract

This Article is a case study of the two recent judgments of the Delhi High Court in Videocon Industries v Union of India and Cairn India Ltd & Ors v Union of India, and McDonalds India Private Limited v Vikram Bakshi and Ors.

A study of these cases is important because the first-instance judgments in these cases were an addition to a long line of cases where the Court intervened in foreign-seated arbitration proceedings and went a step further, by issuing injunctions to the parties from proceeding with the arbitration. These first-instance judgments raised eyebrows in the international community, whose hopes were raised after BALCO, and made it wonder whether the Indian courts would really let go of their overbearing attitude towards foreign-seated arbitration. The setting aside of these first-instance judgments by the appellate court, and the sound reasoning followed in the appeal, has allayed some of the fears of the international community. At this stage, where India is keen to revamp its image into that of an arbitration-savvy country, every lesson learnt from the evolving jurisprudence of the Indian courts is helpful and important.

Keywords: Arbitration, International Arbitration, India, Anti Arbitration Injunction, Courts

Suggested Citation

Mitra, Trisha, Forum Conveniens? India's Tryst with Anti-Arbitration Injunctions (September 9, 2016). 'Pari Passu: Arbitration on an equal footing with Adjudication', Centre for Advanced Research in Dispute Settlement, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2898923

Trisha Mitra (Contact Author)

Shearman & Sterling LLP ( email )

7 rue Jacques Bingen
Paris, 75017
France

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