Arbitration In IndiaAnti-arbitration injunction allowed in foreign seated arbitration

Engineering Projects (India) Limited v. MSA Global LLC (Oman)

Court – Delhi High Court

Citation – CS(OS) 243/2025

Date – 25.07.2025

The Hon’ble Delhi High Court has held that if proceedings are vexatious, anti – arbitration injunction can be granted by the civil courts in a foreign seated arbitration.

The Court held,

“114. It has already been established above that the arbitration proceedings in the present case are prima facie vexatious and oppressive in nature.

116. Insofar as the issue of balance of convenience is concerned, the continuation of the arbitration proceedings at this juncture would not only cause serious and irreparable prejudice to the plaintiff but would also be contrary to the larger interests of both the parties.

119. Moreover, grave and irreparable harm would be caused to the plaintiff if the arbitral proceedings are permitted to continue during the pendency of the present suit, particularly if the suit is ultimately decreed in favour of the plaintiff.

122. In view of the foregoing analysis, this Court has the jurisdiction to entertain this civil suit as the arbitration proceedings are prima facie vexatious and oppressive in nature. Moreover, since all three pre-conditions i.e., prima facie case, balance of convenience and irreparable injury, tilt in favour of the plaintiff, therefore, it is a fit case to grant an interim injunction.”

Team AMLEGALS.

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