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REKHA PALLI
Essential Interiors Designs Pvt. Ltd. – Appellant
Versus
Globe International Inc. – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as "The Act") seeks appointment of an Arbitrator for adjudication of disputes between the parties, which have arisen out of the work order dated 12.10.2021 issued by the petitioner.
2. At the outset itself, it may be noted that while the respondent does not deny that the disputes between the parties were required to be adjudicated through arbitration, the petition is opposed only on the ground of territorial jurisdiction. It is the respondent's plea that the parties having agreed that the venue of arbitration would be at Gurugram, Haryana, this Court would not have the territorial jurisdiction to entertain the present petition under Section 11(6) of the Act.
3. By placing reliance on the decision of the Apex Court in Brahmani River Pellets Ltd. v. Kamachi Industries Ltd., (2020)5 SCC 462, learned counsel for the respondent submits that the parties having agreed to confer exclusive jurisdiction on the Courts at Gurugram, the present petition would not be maintainable. He contends that in Brahmani River Pellets Limited Ltd. (supra), the Ape
The main legal point established in the judgment is that the venue of arbitration does not confer exclusive jurisdiction on the courts at that venue. Territorial jurisdiction is determined based on t....
The designation of a venue in an arbitration clause serves as the seat of arbitration, granting jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996.
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The main legal point established in the judgment is that the venue of arbitration specified in the contract determines the jurisdiction of the court to entertain applications for the appointment of a....
The High Court lacks inherent power to review its own orders related to jurisdiction under the Arbitration Act unless expressly conferred by statute.
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(1) A defect of jurisdiction, whether it is pecuniary or territorial, or whether it is in respect of subject matter of action, strikes at very authority of Court to pass any decree, and such a defect....
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