anti-arbitration injunction Archives

Final signed Booking Note overrides earlier Fixture Recap: Delhi HC grants anti-arbitration injunction as no arbitration agreement existed

Delhi High Court held that the signed Booking Note, which overrode all previous arrangements and incorporated only Clauses 20—41, could not be read to include the arbitration clause in Clause 43 or the Fixture Recap, and restrained the London (LMAA) arbitration.

Case Briefs High Courts

Non-Disclosure, Seat Battles and Abuse of Process: Inside Delhi High Court Ruling on Anti-Arbitration Injunctions

The core controversy centres on the effect of deliberate non-disclosure by a nominee arbitrator, the determination of the juridical seat of arbitration, and the extent of supervisory jurisdiction of Indian courts notwithstanding the fixation of a foreign venue by an arbitral institution.

Case Briefs High Courts

Delhi High Court grants anti-arbitration injunction in an international commercial arbitration

“It needs no re-articulation that one of the cardinal principles of arbitration is, that since arbitration is a remedy that is founded on consent of parties, the agreed procedure for appointment of an arbitrator must be scrupulously followed. However, the same is not done in the present case.”