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Anti-Arbitration Injunction in Foreign-Seated Arbitrations: The Delhi High Court’s Controversial Intervention in Engineering Projects (India) Limited v. MSA Global LLC (Oman)
This post is posted on behalf of Arnav Sharma, Jindal Global Law School, Sonipat, India
Introduction
On 25th July 2025, a single judge bench of the Delhi High Court delivered a judgment in Engineering Projects (India) Limited v. MSA Global LLC (Oman) in CS (OS) 243 of 2025[1] that has stirred considerable discourse in international arbitration circles. The fundamental question at issue in the instant case was whether an Indian Court can grant an anti-arbitration injunction to stay proceedings in a foreign-seated arbitration on grounds of the proceedings turning oppressive and vexatious due to procedural impropriety, notwithstanding internationally well-settled principles of minimal judicial intervention, party autonomy, and lex arbitri that govern international commercial arbitration? The Delhi High Court answered in the affirmative, holding that Indian civil courts possess inherent power under Section 9 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) to intervene under exceptional circumstances where the arbitral process itself becomes a vehicle of abuse.
Cross-Border Personal Data Transfers: The Remaining Issues Following the Indonesian Constitutional Court Decision
Written by Dr Priskila Pratita Penasthika, Assistant Professor, Faculty of Law, Universitas Indonesia
INTRODUCTION
The Indonesian Personal Data Protection Law, Law Number 27 of 2022 (Indonesian PDP Law), came into effect on 17 October 2022. Before its enactment, data protection rules in Indonesia were fragmented across different sector-specific laws and regulations. The Indonesian PDP Law aims to unify these laws and regulations, providing greater clarity and ensuring consistent personal data protection across all sectors in the country. The Indonesian PDP Law sets out normative provisions on personal data protection; however, detailed, practical rules have yet to be specified in the implementing regulations. As of now, the drafting of these implementing regulations is still underway. Read more
HUK-COBURG II: A Case on Mandatory Overriding Law or Jurisdiction?
By Ross Pey, Western University, Canada
1. Introduction
In Case C-86/23 E.N.I. and Y.K.I. v HUK-COBURG-Allgemeine Versicherung AG II (‘HUK-COBURG II’), the principal issue that arose was whether a Bulgarian compensation provision may be interpreted as having mandatory effect. In suggesting that it does not, the Court required the facts to have sufficiently close links with the forum. (Hereinafter the ‘sufficient connexion test’) Ostensibly, a freestanding sufficient connexion test could be viewed as a disguised jurisdictional control of the forum rather than part of a mandatory law analysis. In doing so, parallels to renvoi and forum non conveniens are drawn. Read more
News
Law without Borders? Extraterritorial Regulation and Unilateral Action
In an increasingly multipolar world, national and regional actors are reasserting regulatory control over cross-border economic activities. States such as the United States and China, as well as the European Union, are increasingly relying on unilateral measures with extraterritorial reach – particularly in areas such as sanctions, digital regulation, supply chains, competition law, and data protection. At the same time, the multilateral order appears to be under strain: international organizations are being sidelined, agreements are terminated or ignored, and established norms are openly challenged.
To explore the implications of these developments for international (economic) law and the future of global economic cooperation, the German Society of International Law (DGIR) will host a conference in Munich on 11–12 June 2026. Focusing on “Law without Borders? Extraterritorial Regulation and Unilateral Action” the event promises to provide a timely and critical forum for discussing the evolving role of extraterritorial regulation and unilateralism in shaping the international legal order.
Call for Papers: Frankfurt Law Review Special Edition on Digital Transformation
The Frankfurt Law Review is currently looking for submissions for a special edition dedicated to the topic of Digital Transformation.
Submissions can be drafted specifically for the review but may also be based on seminar papers or other academic assignments; they are accepted until 31 May 2026.
The full call for papers can be found here.
HCCH Monthly Update: April 2026
Meetings & Events
From 30 March to 1 April, the Experts’ Group (EG) on Central Bank Digital Currencies (CBDCs) held its fifth meeting. Pursuant to its mandate, the EG continued to make progress in its study of the jurisdiction and applicable law issues raised by the cross-border use and transfers of CBDCs, including the desirability and feasibility of a possible future instrument on these issues, with particular attention to their use in payments with a cross-border or international element. More information is available here.