{"id":9031,"date":"2026-10-03T11:00:00","date_gmt":"2026-10-03T11:00:00","guid":{"rendered":"https:\/\/internationaltradelaw.org\/new\/?p=9031"},"modified":"2026-10-03T11:00:00","modified_gmt":"2026-10-03T11:00:00","slug":"anti-suit-injunctions-in-india","status":"publish","type":"post","link":"https:\/\/internationaltradelaw.org\/new\/anti-suit-injunctions-in-india\/","title":{"rendered":"Anti-Suit Injunctions in India: When Will Courts Intervene?"},"content":{"rendered":"\n

An anti-suit injunction is an order restraining a party, not a foreign court, from starting or continuing proceedings in another jurisdiction. Because such an order indirectly affects foreign proceedings, Indian courts grant it with caution.<\/p>\n\n\n\n

Infographic<\/p>

Three core considerations<\/div>
Anti-suit injunctions in India after Modi Entertainment Network (2003)<\/div><\/figcaption>
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Personal jurisdiction<\/div>
The defendant must be amenable to the jurisdiction of the Indian court.<\/div><\/div>
<\/svg>
Ends of justice<\/div>
Refusing the injunction must be likely to defeat the ends of justice or perpetuate injustice.<\/div><\/div>
<\/svg>
Comity<\/div>
Due regard must be given to the principle of comity, as the order affects a foreign court.<\/div><\/div><\/div><\/figure>\n\n\n\n

The governing principles<\/h2>\n\n\n\n

In Modi Entertainment Network v. W.S.G. Cricket Pte. Ltd.<\/em> (2003), the Supreme Court of India set out the principal considerations: the defendant must be amenable to the personal jurisdiction of the Indian court; the court must be satisfied that refusing the injunction would defeat the ends of justice; and due regard must be given to comity.<\/p>\n\n\n\n

Exclusive jurisdiction and arbitration clauses<\/h2>\n\n\n\n

Where parties have agreed on an exclusive forum or on arbitration, courts generally hold them to that bargain. Related questions arise where a party seeks to restrain a foreign arbitration, or where a foreign anti-suit order is met with an anti-anti-suit injunction.<\/p>\n\n\n\n

Practical points<\/h2>\n\n\n\n