When Parties Decide The Place Of Arbitration, Only The HC Having Territorial Jurisdiction Over That Place Can Entertain Application U/S 11 Of Arbitration Act: Orissa HC [Read Order]
4 years, 2 months ago

When Parties Decide The Place Of Arbitration, Only The HC Having Territorial Jurisdiction Over That Place Can Entertain Application U/S 11 Of Arbitration Act: Orissa HC [Read Order]

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The Orissa High Court on Thursday refused to entertain a petition filed under Section 11 of the Arbitration and Conciliation Act of India, 1996 observing that "the Court does not have the territorial jurisdiction to entertain the petition" The Bench of Chief Justice Mohammad Rafiq was hearing an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 by the petitioner-M/s. Arguments Put forth Petitioner's Arguments - The counsel for the petitioner submitted that even if the parties in clause 15 of the Dealership Agreement agreed that the place of arbitration shall be at 'Pune', the jurisdiction of this Court to entertain the present application filed under Section 11 of the Act, 1996 is not excluded as the cause of action, wholly, or at least in part, has arisen in the territory of the State of Orissa. Further, the Orissa High Court in the present matter also observed that the Supreme Court, in a recently delivered decision in Brahmani River Pellets Limited vs. Kamachi Industries Ltd., 5 SCC 462, had considered the question as to whether the Madras High Court could exercise jurisdiction under Section 11 of the Act, 1996 to appoint the sole arbitrator at the instance of the respondent,?. Significantly, in Brahmani, the Supreme Court held that - when the parties agreed to have the "venue" of arbitration at a particular place, only the High Court which has jurisdiction over the said place can entertain the petition seeking appointment of Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. Notably, the Orissa High Court in the present matter, cited the ruling of the Supreme Court in BGS SGS Soma JV vs. NHPC Limited, 4 SCC 234 as well, wherein the Apex Court examined Sections 20 and 2 of the Act of 1996, in the context of clause 67.3 of the agreement executed between the parties in that case which provided that "Arbitration proceedings shall be held at New Delhi/Faridabad, India".

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History of this topic

Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC
1 week, 6 days ago

Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC

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The Chhattisgarh High Court bench of Justices Shri Sanjay K. Agrawal and Shri Radhakishan Agrawal has held that court having supervisory jurisdiction over seat designated in the Arbitration Agreement would have exclusive jurisdiction to entertain all applications arising out of the arbitration proceedings. Brief Facts The present appeal has been filed under section 37 of the Arbitration Act against an …

Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court
3 weeks, 1 day ago

Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court

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The Delhi High Court Bench of Justice Sachin Datta has held that where exclusive jurisdiction has been conferred on a court with respect to matters relating to arbitration, the same shall be construed to be a clear 'contrary indicia' and that the court, upon which exclusive jurisdiction has been conferred, would be the juridical seat of arbitration. So, it is …

Court's Supervisory Role Over Arbitral Proceedings Would Be Determined As Per CPC If No Neutral Location Is Specified: Delhi High Court
1 month ago

Court's Supervisory Role Over Arbitral Proceedings Would Be Determined As Per CPC If No Neutral Location Is Specified: Delhi High Court

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The Delhi High Court bench of Justice Jasmeet Singh affirmed that if there is a neutral location specified in the contract data, that location would be the place of arbitration and the court having supervisory jurisdiction over the place would have jurisdiction. Contentions The petitioner submitted that the Clause 20.6 contains the place of arbitration as “neutral location” specified in …

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court
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1 month, 1 week ago

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court

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The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that the scope of arbitration application, in view of Section 11 of the Arbitration Act, 1996 is confined and limited to the extent of examining the existence of arbitration agreement between the parties for resolution of dispute. Brief Facts Applicant has filed instant arbitration application under Section 11 of the …

Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters
1 month, 2 weeks ago

Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters

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In a key ruling on International Commercial Arbitration, the Supreme Court held that when an arbitration agreement grants non-exclusive jurisdiction to a foreign court, that court is considered the "seat of arbitration." Taking a shift from the 'Close Connection Test' to determine the seat of the arbitration, the Court observed that “the more appropriate criterion for determining the seat of …

Arbitration Weekly Roundup: June 24 - June 30, 2024
5 months, 3 weeks ago

Arbitration Weekly Roundup: June 24 - June 30, 2024

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Delhi High Court Objections Regarding Time-Barred Claims Under Section 11 Petition Should Be Left For Arbitral Tribunal: Delhi High Court Case Title: Capri Global Capital Limited Vs Ms Kiran Case Number: ARB.P. Orrisa High Court No Reappreciation Of Evidence Permitted Under Section 34 Of Arbitration Act, Arbitrator's Views Must Be Respected: Orissa High Court Case Title: Principal Secretary to the …

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court
6 months, 3 weeks ago

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court

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The Delhi High Court bench of Justice Neena Bansal Krishna held that where no seat of arbitration is specified in the arbitration agreement, the jurisdiction of the court shall be determined in accordance with Section 16 to Section 20 of C.P.C. However, if the parties do not specify any seat/place of Arbitration, them the jurisdiction of the Court shall be …

Arbitration Weekly Round-up: 1st April to 7th April 2024
8 months, 1 week ago

Arbitration Weekly Round-up: 1st April to 7th April 2024

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High Courts Allahabad High Court Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation Case Title: Executive Engineer Drainage Division v. Ms Ayush Construction And Another The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section …

Arbitration Monthly Round Up: February 2024
9 months, 2 weeks ago

Arbitration Monthly Round Up: February 2024

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Supreme Court Case Title: M/s Arif Azim Co. Ltd. Need For Broad Panel To Choose From To Ensure Arbitrator's Independence As Per Clause 64 of GCC: Delhi High Court Case Title: The Braithwaite Burn and Jessop Construction Co Ltd vs Northern Railway The Delhi High Court bench comprising Justice Sachin Datta allowed an application made under Section 14 of the …

Designation Of Seat Of Arbitration Akin To An Exclusive Jurisdiction Clause: Delhi High Court Allows Section 11 Application
9 months, 3 weeks ago

Designation Of Seat Of Arbitration Akin To An Exclusive Jurisdiction Clause: Delhi High Court Allows Section 11 Application

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The Delhi High Court single bench of Justice Prateek Jalan held that designation of a seat of arbitration is akin to an exclusive jurisdiction clause. The parties having been unable to achieve consensus on the appointment of the arbitrator, the Petitioner approached the Delhi High Court and filed an application under Section 11 of the Arbitration and Conciliation Act, 1996. …

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court
10 months ago

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court

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The Delhi High Court single bench of Justice Anup Jairam Bhambhani held that mere expression of "place of arbitration" does not automatically indicate the seat and the determination of the seat should be inferred from other clauses in the agreement and the conduct of the parties. Ltd filed an application under Section 11 of the Arbitration & Conciliation Act 1996 …

Arbitration Weekly Round-Up: 25th December to 31st December
11 months, 3 weeks ago

Arbitration Weekly Round-Up: 25th December to 31st December

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Bombay High Court Debt Owed To Financial Institutions Under SARFAESI Is Arbitrable, Not Debt Under RDDB Act: Bombay High Court Case Title: Tata Motors Finance Solutions Ltd v. Naushad Khan, Commercial Arbitration Petition No. Delhi High Court Domain Name Infringement, S.34 Restrains Judicial Interference In Issues Of 'Subjective Satisfaction'; Delhi High Court Case Details: QUANTUM UNIVERSITY v. INTERNATIONAL QUANTUM UNIVERSITY …

Arbitration Monthly Round-Up: October 2023
1 year, 1 month ago

Arbitration Monthly Round-Up: October 2023

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Supreme Court Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court Case Title: M/S UNIBROS v. ALL INDIA RADIO, ARISING OUT OF SLP NO. In allowing the plea for appointment of an arbitrator u/s 11 of the Act, a single-bench of Justice Moushumi Bhattacharya noted that “a turning …

Designation Of Venue Of Arbitration Tantamount To Seat Of Arbitration In Absence Of A Significant Contrary Indicia: Delhi High Court Reiterates
1 year, 1 month ago

Designation Of Venue Of Arbitration Tantamount To Seat Of Arbitration In Absence Of A Significant Contrary Indicia: Delhi High Court Reiterates

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The High Court of Delhi has held that the venue of arbitration would actually be the seat of arbitration when the agreement does not contain any contrary indicia. It held that clause proving for venue of arbitration would have a superseding effect over a clause providing for exclusive jurisdiction on any other Court if the parties have expressly made the …

Arbitration Cases Weekly Round-Up: 14 to 20 August 2023
1 year, 4 months ago

Arbitration Cases Weekly Round-Up: 14 to 20 August 2023

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Supreme Court: Arbitration Award Cannot Be Set Aside On Mere Possibility Of An Alternative View On Facts Or Interpretation Of Contract: Supreme Court Case Title: Konkan Railway Corporation Limited vs Chenab Bridge Project Undertaking The Supreme Court observed that Arbitration awards cannot be set aside on mere possibility of an alternative view on facts or interpretation of the contract. Calcutta …

Supreme Court Praises Orissa High Court For Creatively Using Technology; Says Other HCs Should Replicate It
1 year, 9 months ago

Supreme Court Praises Orissa High Court For Creatively Using Technology; Says Other HCs Should Replicate It

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The Supreme Court has recorded its appreciation for the Orissa High Court for using technology to improve the access to justice for people from far flung areas of the State.A bench led by Chief Justice of India DY Chandrachud was deciding petitions challenging the Centre's decision to abolish the Odisha Administrative Tribunal. The Supreme Court has recorded its appreciation for …

Arbitration Cases Monthly Round-Up: January 2023
1 year, 10 months ago

Arbitration Cases Monthly Round-Up: January 2023

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Supreme Court: Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains Case Title: USS Alliance versus State of Uttar Pradesh The Supreme Court has observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would …

Designated Commercial Courts Subordinate To Rank Of Principal Civil Judge In The District Can Hear Appeals/Application Under Arbitration Act: Supreme Court
2 years, 2 months ago

Designated Commercial Courts Subordinate To Rank Of Principal Civil Judge In The District Can Hear Appeals/Application Under Arbitration Act: Supreme Court

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The Supreme Court observed that Commercial Courts which are subordinate to the rank of the Principal Civil Judge in the District has jurisdiction to hear applications/appeals under Arbitration and Conciliation Act,1996.The bench of Justices MR Shah and Krishna Murari rejected the contention that all applications/appeals arising out of arbitration shall only lie before the Principal Civil Court of a district. …

Arbitration Cases Weekly Round-Up: 11 September To 17 September 2022
2 years, 3 months ago

Arbitration Cases Weekly Round-Up: 11 September To 17 September 2022

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Supreme Court: Disputes Related To Tax Concessions Are Not Arbitrable: Supreme Court Case Title: M/s Shree Enterprise Coal Sales Pvt Ltd. versus Union Of India The Supreme Court has held that disputes related to tax concessions are not arbitrable. Rejection Of Belated Application For Amendment Of Claim - Not An Interim Award: Delhi High Court Case Title: Punita Bhardwaj versus …

Participation In Arbitral Proceedings Without Protest, In Absence Of Agreement On Seat; Venue Is Also The Seat Of Arbitration: Allahabad High Court
2 years, 3 months ago

Participation In Arbitral Proceedings Without Protest, In Absence Of Agreement On Seat; Venue Is Also The Seat Of Arbitration: Allahabad High Court

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The Allahabad High Court has ruled that where the parties have failed to specifically mention the seat of arbitration and have participated in the arbitral proceedings at a place without any protest, the parties shall be said to have determined, by their conduct, the said venue of arbitral proceedings as also the seat of arbitration. The petitioner averred that since …

Arbitration Cases Weekly Round-Up: 4 September To 10 September, 2022
2 years, 3 months ago

Arbitration Cases Weekly Round-Up: 4 September To 10 September, 2022

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Supreme Court: Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court Case Title: Babanrao Rajaram Pund versus Samarth Builders & Developers Citation: 2022 LiveLaw 747 The Supreme Court observed that an arbitration clause has to be given effect even if it does not …

Arbitration Cases Weekly Round-Up: 14 August To 20 August, 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: 14 August To 20 August, 2022

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Bombay High Court: Arbitral Tribunal Not Barred Under Section 79 Of The RERA Act From Passing An Order Of Injunction: Bombay High Court Case Title: Ashok Palav Coop. Calcutta High Court: Conduct Of The Parties Can't Substitute Arbitration Agreement: Calcutta High Court Case Title: Eastern Coalfields Ltd. versus RREPL-KIPL The Calcutta High Court has held that the Court while exercising …

Exclusive Jurisdiction Is Good For Civil Suits, Can't Supersede The Seat Of Arbitration: Jharkhand High Court
2 years, 4 months ago

Exclusive Jurisdiction Is Good For Civil Suits, Can't Supersede The Seat Of Arbitration: Jharkhand High Court

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The Jharkhand High Court has held that merely because exclusive jurisdiction has been conferred on a different court, the same cannot amount to contrary indicia and the venue of arbitration would still be the seat of arbitration. Striking the balance between the exclusive jurisdiction and seat/venue, the court held that exclusive jurisdiction clause would have the force when the parties …

Arbitration Cases Weekly Round-Up: July 31 To August 6 , 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: July 31 To August 6 , 2022

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Supreme Court: Mere Use Of Words "Arbitration" Or "Arbitrator" In A Clause Won't Make It Arbitration Agreement: Supreme Court Case Title: Mahanadi Coalfields Ltd. versus IVRCL AMR Joint Venture Citation: 2022 LiveLaw 657 The Supreme Court observed that an arbitration agreement should disclose a determination and obligation on behalf of the parties to refer the disputes to arbitration. Arbitration Clause …

Place Designated As The "Venue" Of Arbitration In Its Entirety, Is The "Seat" Of Arbitration: Bombay High Court
2 years, 5 months ago

Place Designated As The "Venue" Of Arbitration In Its Entirety, Is The "Seat" Of Arbitration: Bombay High Court

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The Bombay High Court has reiterated that whenever a place is designated as the "venue" of the arbitration proceedings in its entirety in an Arbitration Clause, the said place would necessarily be the "seat" of the arbitral proceedings. The respondent VLCC submitted before the High Court that as per the Arbitration Agreement between the parties, the arbitral proceedings are to …

The Unending Saga Of The Seat Of The Arbitration: Delhi High Court Disregards The Seat Of Arbitration And Favours The Exclusive Jurisdiction Clause In A Domestic Arbitration
2 years, 6 months ago

The Unending Saga Of The Seat Of The Arbitration: Delhi High Court Disregards The Seat Of Arbitration And Favours The Exclusive Jurisdiction Clause In A Domestic Arbitration

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The Delhi High Court recently in Hunch Circle Private Limited v. Future Times Technology India Private Limited rejected an application for appointment of an arbitrator citing lack of jurisdiction, despite the agreement categorically specifying the seat of arbitration as Delhi. FINDINGS: The Delhi High Court, relying upon its earlier decision in Cars 24 Services v. Cyber Approach held that "where …

Arbitration Cases Weekly Round-Up: 8th May to 14th May, 2022
2 years, 7 months ago

Arbitration Cases Weekly Round-Up: 8th May to 14th May, 2022

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Supreme Court High Court Cannot Terminate The Mandate Of Arbitrator In Application Under Section 11 Of Arbitration Act : Supreme Court Case Title: Swadesh Kumar Agarwal versus Dinesh Kumar Agarwal Case Citation: 2022 LiveLaw 454 The Supreme Court has observed that a dispute/controversy on the mandate of the arbitrator being terminated on the ground mentioned in section 14 of the …

S. 7-B, Industrial Disputes Act | Government Is Not Mandated To Refer Matters Of National Importance To National Tribunal: Orissa High Court
2 years, 7 months ago

S. 7-B, Industrial Disputes Act | Government Is Not Mandated To Refer Matters Of National Importance To National Tribunal: Orissa High Court

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The Orissa High Court has held that it is not mandatory for the Central Government to refer a matter of national importance to the National Industrial Tribunal for adjudication even if it satisfies the twin conditions mentioned under Section 7-B of the Industrial Disputes Act, 1947. Factual Background: The present dispute had its origins in an order dated 14th September …

On Procedural Aspects The Arbitration Act Must Yield To The Provisions Of The Commercial Courts Act: Orissa High Court
2 years, 8 months ago

On Procedural Aspects The Arbitration Act Must Yield To The Provisions Of The Commercial Courts Act: Orissa High Court

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The High Court of Orissa has observed that the Court for the purpose of deciding all the applications arising out of the arbitration agreement between the parties would be the Commercial Court as defined under the Commercial Courts Act which need not necessarily be the Principal Civil Court as provided under the Arbitration Act. As a corollary, the definition of …

Arbitration Centre Inaugurated At Orissa High Court
3 years ago

Arbitration Centre Inaugurated At Orissa High Court

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On Saturday, an Arbitration Centre was inaugurated at the Orissa High Court by Justice L. Nageswara Rao, Judge, Supreme Court of India.The Arbitration Centre is located in the third floor of Aain Seva Bhawan, Cuttack. On Saturday, an Arbitration Centre was inaugurated at the Orissa High Court by Justice L. Nageswara Rao, Judge, Supreme Court of India. Justice Muralidhar also …

Indian Parties Can Choose A Foreign Seat For Arbitration: Supreme Court
3 years, 8 months ago

Indian Parties Can Choose A Foreign Seat For Arbitration: Supreme Court

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The Supreme Court held that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. "Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to be Indian nationals", the bench headed by Justice Rohinton Fali Nariman observed. …

Arbitration Court Reckoner : August 2020
4 years, 3 months ago

Arbitration Court Reckoner : August 2020

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By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of August 2020 under the Arbitration & Conciliation Act, 1996. Test of Emergent Necessity for grant of relief under S. 9 In Avantha Holdings Ltd. v Vistra ITC India Ltd. High Court of Delhi held that the …

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