Jurisdiction(s):
United Kingdom

Key definition

Injunction definition

What does Injunction mean? An injunction is a court order used in legal practice to compel a party to do something or to stop them doing something, often to prevent harm or preserve rights. It is an equitable, discretionary remedy developed mainly through case law. The main forms are prohibitory (restraining conduct) and mandatory (requiring action), granted on an interim (interlocutory, including urgent without‑notice) or final basis. Specialist orders include freezing injunctions and search orders. Breach is punishable as contempt of court. England & Wales and Northern Ireland: the interim injunction test follows American Cyanamid—serious issue to be tried, inadequacy of damages, and...

India: Challenges to arbitral tribunal jurisdiction and anti-suit/anti-arbitration injunctions under the Arbitration and Conciliation Act 1996

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note explores objections to the jurisdiction of arbitral tribunals under the Indian arbitration and conciliation Act 1996 (ACA 1996), as updated and amended, as well as anti-suit and anti-arbitration injunctions in this context. Note: Indian judgments cited in this Practice Note are not reported by LexisNexis® UK.

The Arbitration and Conciliation Act 1996 (as amended)

Arbitration law in India is set out comprehensively in the Arbitration and Conciliation Act 1996 (ACA 1996). The ACA 1996 was revised by the Arbitration and Conciliation (Amendment) Act 2015 (the 2015 Amendment), and later by the Arbitration and Conciliation (Amendment) Act 2019 (the 2019 Amendment), respectively. This Practice Note addresses the legal position under the ACA 1996 following the 2015 Amendment and the 2019 Amendment. The discussion reflects the statute’s position following both sets of amendments.

Challenges to tribunal jurisdiction

By virtue of section 16 ACA 1996, India embraces the kompetenz-kompetenz doctrine; accordingly, in practice, under Indian law an arbitral tribunal may decide upon its own jurisdiction. For a discussion of kompetenz-kompetenz in English law, see Practice Note: AA 1996—challenging an arbitral tribunal’s jurisdiction pre-award (ss 31 and 32)—principle of Kompetenz-Kompetenz...

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Shweta Sahu

Nishith Desai Associates

Shweta Sahu is a member of the International Dispute Resolution Practice at Nishith Desai Associates (NDA). After attaining her BBALLB (Hons) from National Law University Odisha in 2015, she attended the West Bengal National University of Juridical Sciences, Kolkata to pursue her LLM in Corporate and Commercial Laws. She won several awards during her LLM course, including the R Gopal Krishnan Scholarship and Saroja Gopal Krishnan Scholarship, Nani A. Palkhivala Memorial Gold Medal, Deshapran Smriti Raksha Gold Medal, and was awarded a scholarship for securing the first position in the Corporate and Commercial Laws branch as well as the entire batch. She joined the New Delhi office of NDA in September 2016. Shweta has been actively involved in several litigations before the consumer fora, district courts, National Company Law Tribunal, the High Court of Delhi and Supreme Court of India. She is also...

Ansh Desai

Nishith Desai Associates

Ansh is a member of the International Dispute Resolution & Investigations practice of the research and strategy driven international law firm, Nishith Desai Associates. Ansh’s areas of expertise include commercial law and international arbitration. He has handled a variety of foreign-seated commercial arbitrations seated in Singapore, the United Kingdom, and Qatar, governed by the SIAC and LCIA Rules. His experience covers multi-national disputes in the pharmaceutical, construction and fintech industries. He also regularly appears before the Bombay High Court and tribunals in relation to various commercial disputes. In additional to his expertise in arbitration and litigation, Ansh has worked on cross-border insolvency matters and white-collar investigations involving issues such as internal fraud, and kickbacks. He also has several articles to his credit published in leading platforms like the Kluwer Arbitration Blog, LexisNexis PSL, RMLNLU Arbitration Blog etc. At NDA, he has also...

Web page updated on 21/05/2026

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