Territoriality And Exception: Reconciling Indian Courts’ Role In Foreign-Seated Arbitration Disputes
Chetan Kumar, B.B.A. LL.B., Usha Martin University, Ranchi
ABSTRACT
This article examines the limits of Indian judicial intervention in arbitration proceedings where the juridical seat is contested or situated abroad. Using the litigation between Engineering Projects (India) Ltd. and MSA Global LLC as a focal point, it distinguishes the legal basis for jurisdiction from the exceptional circumstances that may justify an anti-arbitration injunction. It evaluates the territorial framework under the Arbitration and Conciliation Act, 1996, the significance of arbitral-seat determination, the availability of institutional and supervisory remedies, and the risks of competing judicial orders. It proposes a four-stage analytical framework requiring a recognised jurisdictional basis, particularised proof of exceptional harm, consideration of alternative remedies, and proportionate relief consistent with international comity. The article argues that allegations of procedural unfairness cannot independently create jurisdiction, and that carefully limited judicial intervention is necessary to preserve both procedural integrity and the predictability of international commercial arbitration.
Keywords: International Commercial Arbitration; Anti-Arbitration Injunctions; Juridical Seat; Territoriality; Judicial Intervention.
