21 Jul 2017
PAG HOLDINGS LTD v. GORTHY ANIL KUMAR
- Citation
- PAG HOLDINGS LTD v. GORTHY ANIL KUMAR
- Court
- Court of First Instance
- Case number
- HCMP282/2017
The court refused the stay and anti-suit injunction because the ESA arbitration did not and could not bind non-parties to the employment contracts (PAIMHK/PAGC), the Arbitrator had concluded he had no jurisdiction over disputes with PAIMHK (joinder inadmissible), and the discretionary threshold for depriving a plaintiff of the right to litigate in the courts (rare and compelling circumstances) was not met; efficiency concerns and potential for inconsistent findings do not override the plaintiff's right to litigate where there is no arbitration agreement with the defendants and privity is abse…