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Oct 30, 2024

Delhi High Court Affirms Power of Indian Courts to Injunct Foreign Proceedings That Threaten Arbitral Process

The Delhi High Court in Honasa Consumer Ltd. v. RSM General Trading LLC,[1] held that under Section 9 of the Arbitration Act, Courts possess the power to grant anti-suit and anti-enforcement injunctions, as interim measures of protection, as may be just and convenient to secure the ends of justice. The High Court further held that where a proceeding, decree or an Order passed by a foreign Court threatens to prejudice or derail an arbitration seated in India, then Courts may injunct the party that instituted the foreign proceedings from, inter alia, further proceeding with them.

[1] Honasa Consumer Ltd. v. RSM General Trading LLC, 2024 SCC OnLine Del 5631.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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