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DELHI HIGH COURT
SANJEEV NARULA
ISGEC Heavy Engineering Ltd. – Appellant
Versus
Indian Oil Corporation Limited – Respondent
| Table of Content |
|---|
| 1. intent and details of arbitration clause. (Para 1 , 2) |
| 2. disputes arising during the contract's execution. (Para 3 , 4) |
| 3. objections from iocl regarding jurisdiction. (Para 5) |
| 4. petitioner's arguments regarding jurisdiction. (Para 6) |
| 5. interpretation of 'venue' versus 'seat' in arbitration. (Para 7 , 8 , 12) |
| 6. supreme court rulings clarifying jurisdiction. (Para 9 , 10) |
| 7. parties' intention regarding arbitration venue. (Para 11 , 14) |
| 8. exclusive jurisdiction at guwahati. (Para 13) |
| 9. court's dismissal based on jurisdiction. (Para 15 , 16) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Sanjeev Narula, J. The present petition under Section 11 (4) and (6) of the Arbitration and Conciliation Act, 1996 [hereinafter, `the Act'] seeks appointment of an Arbitrator in terms of Clause 9.0.0.0 of the General Conditions of Contract [hereinafter, `GCC'], incorporated by way of reference under a Letter of Award dated 22nd September, 2016 [hereinafter, `LoA'], whereunder, a Work Order1 was issued to the Petitioner for carrying out the works of "Residual Process Design, Engineering, Detailed Engineering (including HAZOP Study), Procurement, Supply, Fabrication, Inspection, Transportation, St
The designation of 'venue' in an arbitration clause does not imply the 'seat' of arbitration, which must be expressly specified; exclusive jurisdiction remains with civil courts at the location defin....
Point of law : Seat of Arbitration - What constitutes the ‘seat’ of arbitral proceedings - the intention of the parties is germane and that can be gathered from Contract.
Arbitration clause specifying venue at place or neutral country with exclusive jurisdiction elsewhere constitutes contrary indicia; not seat. Post-amendment, High Court jurisdiction for international....
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 ....
The main legal point established in the judgment is the significance of the seat of arbitration in conferring jurisdiction on Courts in arbitration proceedings.
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