In Techfab International Private Limited v. Midima Holdings Limited the Delhi High Court granted an ad-interim anti-arbitration injunction on a prima-facie finding that the appointment of an arbitrator affiliated with a foreign institution violated the agreed arbitral procedure – which designated Delhi as the seat of the arbitration and Indian law as the governing law of the agreement. Arjun Gupta, Ritika Bansal and Soumya Gulati, from the Dispute Resolution Team at Nishith Desai Associates, analyse how this judgment may deviate from established principles governing grant of anti-arbitration injunctions.
Nishith Desai Associates (NDA) is a research based international law firm with offices in Mumbai, Bangalore, Silicon Valley, Singapore, New Delhi, Munich and New York.