Khanderia, Saloni
ORCID: https://orcid.org/0000-0003-0510-555X
(2026)
Anti-Arbitration Injunction in Foreign-Seated Arbitrations: The Delhi High Court’s Controversial Intervention in Engineering Projects (India) Limited v. MSA Global LLC (Oman).
Conflict of Laws.
Lindemann Foundation, Germany.
Available at: https://conflictoflaws.net/2026/anti-arbitration-i...
Anti-Arbitration Injunction in Foreign-Seated Arbitrations.pdf - Published Version
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Abstract
On 25th July 2025, a single judge bench of the Delhi High Court delivered a judgment in Engineering Projects (India) Limited v. MSA Global LLC (Oman) in CS (OS) 243 of 2025[1] that has stirred considerable discourse in international arbitration circles. The fundamental question at issue in the instant case was whether an Indian Court can grant an anti-arbitration injunction to stay proceedings in a foreign-seated arbitration on grounds of the proceedings turning oppressive and vexatious due to procedural impropriety, notwithstanding internationally well-settled principles of minimal judicial intervention, party autonomy, and lex arbitri that govern international commercial arbitration? The Delhi High Court answered in the affirmative, holding that Indian civil courts possess inherent power under Section 9 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) to intervene under exceptional circumstances where the arbitral process itself becomes a vehicle of abuse...
| Item Type: | Other Article |
|---|---|
| Uncontrolled Keywords: | Anti-arbitration injunction |
| Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
| Depositing User: | Mr. Syed Anas Ali |
| Date Deposited: | 26 Aug 2026 07:24 |
| Last Modified: | 26 Aug 2026 07:24 |
| Official URL: | https://conflictoflaws.net/2026/anti-arbitration-i... |
| URI: | https://pure.jgu.edu.in/id/eprint/12322 |
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