The issue can be paraphrased as what happens if a foreign party drags you to a foreign court in breach of contractual or non-contractual obligations. Do you have any option but to participate in a foreign jurisdiction proceeding?
As a normal rule, one must participate in foreign court proceedings. However, there are circumstances in which a party may be able to approach the Indian Court for grant of Anti-Suit Injunction; such injunction is an order against an opponent restraining it from initiating or continuing with litigation against the applicant in a foreign jurisdiction.
It is an accepted proposition that Indian Courts will fully respect a judicial proceeding in a foreign country, but that does not prevent them from issuing an Anti-Suit injunction order; however such powers will be exercised with caution and sparingly.
In circumstances where more than one forum is available, the Indian court can consider the issue of forum convenience, taking into account the parties’ preferences, and may grant an anti-suit injunction in regard to proceedings that may be oppressive or vexatious or in a forum non-conveniens. In cases of parties have agreed to the exclusive jurisdiction of Indian Courts, if a party initiates court proceedings or arbitration in a foreign jurisdiction, Indian Court will normally grant an Anti-Suit Injunction to restrain a party from pursuing litigation in a foreign jurisdiction in breach of its contractual obligations.
For a greater understanding of principles, we suggest reading the judgments in the cases of Modi Entertainment Network and Anr. V. W.S.G. Cricket PTE Ltd. and Spiliada Maritime Corporation ((1986) 3 All ER 843)
# Supremecourt # Antisuit Injunction #forumconveniens #foreign proceedings #jurisdiction
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