Abstract
This article investigates the authority of the Nigerian court to grant an anti-arbitration injunction. Even where courts may derive jurisdiction to grant an injunction, the absence of a similar provision in the arbitration legislation suggests that the specific provision on the principle of judicial non-interference in that legislation ousts the jurisdiction of the courts to grant an anti-arbitration injunction. Notwithstanding that some arbitration legislation like the English Arbitration Act of 1996 give the English courts the authority to grant injunctions, the courts seldom exercise such power especially where the aim is to enjoin arbitration. This is because of the negative consequences of anti-arbitration injunctions which amongst others do not encourage international cooperation and fairness in transnational relationships. Because anti-arbitration injunctions most often are rationalized in public policy or forum non-conveniens considerations. This paper provides a theoretical leadership on the way to distinguish and apply the correct perspective of forum non-conveniens in international commercial arbitration.