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PAMIDIGHANTAM SRI NARASIMHA, ALOK ARADHE
J&K Economic Reconstruction Agency – Appellant
Versus
Rash Builders India Private Limited – Respondent
| Table of Content |
|---|
| 1. facts of the case and procedural history (Para 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding jurisdiction and seat of arbitration (Para 10 , 11) |
| 3. principles governing seat vs venue of arbitration (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. decision to quash high court's order (Para 24 , 25) |
JUDGMENT :
ALOK ARADHE, J.
1. Delay condoned.
2. Leave granted.
3. The present appeal presents an occasion to revisit the settled distinction between the seat and venue of arbitration, and consequent determination of supervisory jurisdiction of the courts. The appeal arises from an order directing return of a petition under Section 34 of Jammu & Kashmir Arbitration and Conciliation Act, 1997 (Act).
FACTS: -
4. The facts giving rise to the present appeal are undisputed and may be briefly stated. The appellant, Jammu and Kashmir Economic Reconstruction Agency (JKERA) is a society registered under the Societies Registration Act, 1941 functioning as a special purpose vehicle for execution of externally aided infrastructure projects. The respondent is a contractor engaged by the appellant for execution of four infrastructure road projects namely, (i) Kralgund-Ashpora
The designation of seat in arbitration determines jurisdiction, exclusive to that locality, not altered by convenience of venue or the location of award issuance.
The jurisdictional seat of arbitration was Panchkula in Haryana, and not Delhi, as the arbitrator had fixed the jurisdictional seat under Section 20(2) of the Act before any party had moved the court....
Point of law: Where any disputes arise between parties in respect of or in connection with the agreement then parties shall first endeavour to conciliate the disputes failing which the same shall be ....
A designated seat of arbitration confers exclusive jurisdiction to the designated courts, excluding all others, as established in precedent.
The main legal point established in the judgment is the determination of supervisory jurisdiction under Section 34 of the A and C Act based on the juridical seat and exclusive jurisdiction of the sup....
The designation of the seat of arbitration determines exclusive jurisdiction for challenges to the arbitration award, limiting civil court involvement.
The designation of a jurisdictional 'seat' in arbitration agreements is critical; parties must adhere to contractual terms for determining jurisdiction, confirming that Mumbai was the agreed 'seat' o....
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