Cross-border disputes can result in parallel proceedings before courts or arbitral tribunals in different jurisdictions. In such circumstances, the question of where a dispute should be determined can become a central strategic issue.

We advise clients on anti-suit injunctions, anti-arbitration injunctions and anti-anti-suit injunctions where foreign proceedings may affect the client’s contractual or legal rights. Our work involves examining jurisdiction clauses, arbitration agreements, governing-law provisions, pending proceedings and the relationship between proceedings instituted in India and those commenced abroad.

We assist clients in developing strategies where a foreign court proceeding is commenced contrary to an agreed forum, or where a party seeks to initiate or continue foreign arbitration despite an objection to jurisdiction or the agreed mechanism for dispute resolution.

Such matters often require consideration of the practical and legal consequences of proceedings in multiple jurisdictions. We therefore consider the jurisdictional question together with the underlying commercial dispute, potential interim relief, related proceedings and the consequences of orders made by different courts or tribunals.

Our approach is directed towards protecting the client’s contractual and procedural position while maintaining consistency between Indian proceedings and proceedings instituted abroad.