The Delhi High Court’s recent judgment in Engineering Projects (India) Limited v MSA Global LLC (OMAN) has sent ripples through the arbitration community. In a significant development, the Hon’ble Court held that Indian civil courts can grant anti-arbitration injunctions against foreign-seated arbitrations if those proceedings are deemed vexatious, oppressive, or contrary to India’s public policy.
The Main Issue at Hand
The core question before the court was whether Indian courts have the jurisdiction to interfere with foreign-seated arbitrations. The court’s affirmative answer has far-reaching implications for parties involved in international arbitration.
Key Highlights of the Judgment
– Vexatious or Oppressive Proceedings : The court can intervene if foreign arbitration proceedings are deemed vexatious, oppressive, or contrary to India’s public policy.
– Protecting Public Policy : The judgment underscores the importance of protecting India’s public policy interests in international arbitration proceedings.
What This Means for Businesses and Legal Practitioners
This ruling has significant implications for dispute resolution strategies. Parties involved in international arbitration must consider the potential for Indian courts to grant anti-arbitration injunctions, particularly if the proceedings are deemed vexatious or oppressive.
