- India—Bombay High Court refuses to grant anti-arbitration injunction (Ravi Arya v Palmview Overseas)
- What are the practical implications of this decision?
- What was the background to the decision?
- What did the court decide?
- What are your comments on the decision?
Arbitration analysis: In a case relating to a domestic commercial arbitration, the Bombay High Court ruled that when remedies are available to the party seeking an injunction under the Arbitration and Conciliation Act, 1996 (ACA 1996), an anti-arbitration injunction cannot be obtained to circumvent provisions of the Act. The application had been prompted by a dispute over the constitution of the tribunal. Vyapak Desai, partner and head of international litigation and dispute resolution at Nishith Desai Associates, and Bhavana Sunder and Kshama A Loya, members of the team, discuss this decision.
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