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DELHI HIGH COURT
VIBHU BAKHRU
Cravants Media Private Limited – Appellant
Versus
Jharkhand State Co-operative Milk Producers Federation Ltd. – Respondent
| Table of Content |
|---|
| 1. parties' agreement includes arbitration clauses (Para 1 , 2) |
| 2. dispute over jurisdiction based on arbitration location (Para 3 , 4 , 5) |
| 3. distinction between venue and seat of arbitration (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court grants petition and appoints arbitrator (Para 18 , 19 , 20 , 21 , 22) |
JUDGMENT
Vibhu Bakhru, J. (Oral)--The petitioner has filed the present petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereafter the `A&C Act'), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the parties in connection with the Agreement dated 15.01.2018.
2. Respondent no.1 had floated a tender for availing media services relating to media support. Subsequently, on 28.11.2017, a Work Order [Work Order bearing No. JMF/171/2017] was issued by the respondents in favour of the petitioner and the petitioner was appointed as the media agency to handle the brand buildings, creative developments and creative disseminations for a period of one year with effect from 01.12.2017. Thereafter, on 15.01.2018, the parties entered into a formal agreement captioned `Service Agree
The court affirmed exclusive jurisdiction of Delhi courts for arbitration agreements, despite a designated venue in Ranchi, clarifying venue does not denote seat of arbitration.
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.
The main legal point established in the judgment is the significance of the seat of arbitration in conferring jurisdiction on Courts in arbitration proceedings.
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 designation of a location for arbitration proceedings does not establish the seat of arbitration, impacting the court's territorial jurisdiction over related petitions.
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