Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Anti-Arbitration Injunction
Judicial Orders, Injunctions & Precedents
Definition
An injunction issued by a civil court restraining a party from initiating or continuing with arbitral proceedings, granted in exceptional circumstances where the arbitration agreement is null, void, inoperative, or incapable of being performed.
Example
In McDonald's India Pvt. Ltd. v. Vikram Bakshi, the Delhi High Court examined the high threshold for granting an anti-arbitration injunction, emphasizing that courts must exercise extreme restraint so as not to subvert the Arbitration and Conciliation Act, 1996.