Permissibiltiy of Anti-Arbitration Injunction in India and its Imapat on Commercial Businesses : A Step Towards Being an Arbitration Friendly Jurisdiction?
- Ravitej Chilumuri and Sameer Bindra
The concept of ‘anti-arbitration injunctions’ has always been in muddy waters in India. In this paper, we try to give a complete overview of this concept and its impact on commercial transactions. The paper also aims to cover and address the Indian and English jurisprudence on anti-arbitration injunctions, along with instances of deviation. Finally, we shed light on the compatibility of the judicial approach on this issue with the legislative scheme, and some practical issues that may arise and impact commercial transactions.