Anti-arbitration Injunctions: Delhi High Court Says Nay

In a recent decision, Bina Modi and Ors. v. Lalit Modi and Ors., CS(OS) 84 and 85/2020, a single judge of the Delhi High Court has cast doubt on the jurisdiction of Indian courts to grant injunctions restraining arbitral proceedings (popularly called anti-arbitration injunctions). While the grant of anti-arbitration injunctions by Indian courts has been discussed previously on this blog (here and here), the Delhi High Court’s decision merits discussion as it poses a more fundamental question regarding the existence of a court’s jurisdiction to grant anti-arbitration injunctions.

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