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DELHI HIGH COURT
C.HARI SHANKAR
Hunch Circle Private Limited – Appellant
Versus
Futuretimes Technology India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. seeking arbitration reference under the arbitration act. (Para 1 , 2) |
| 2. jurisdiction locations defined by arbitration clauses. (Para 3 , 4) |
| 3. court jurisdiction based on seat and exclusive clauses. (Para 5 , 6 , 7) |
| 4. severable provisions clause non-applicability. (Para 8 , 9 , 10) |
| 5. petitioner's counsel's inability to find similar cases. (Para 11 , 12) |
| 6. jurisdiction vests with punjab and haryana high court. (Para 13 , 14) |
| 7. dismissal of petitions for lack of jurisdiction. (Para 15) |
(By Video Conference on account of COVID-19)
1. These petitions have been preferred under Section 11(6) of The Arbitration and Conciliation Act, 1996 ("the 1996 Act"), seeking reference of the disputes between the parties to arbitration.
2. The contract between the petitioner and the respondent, whereunder reference to arbitration is sought, contains, inter alia, the following Clauses:
"8.1. Governing Law
This Agreement and the transactions contemplated hereby shall be governed by and construed under the Laws of India without regard to conflicts of Laws provisions. Subject to resolution of disputes by arbitration, courts at the place where the Main Premises is locat
Jurisdiction for arbitration petitions must align with the exclusive contractually specified jurisdiction, confirming that the High Court lacked authority to entertain the application under Section 1....
The court upheld party autonomy, determining that the High Court has jurisdiction to appoint a Sole Arbitrator even with an exclusive jurisdiction clause designating Gurugram as the venue.
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 seat of arbitration clause, fixing the seat of arbitration at New Delhi, resulted in courts at New Delhi being exclusively competent to entertain petitions under the 1996 Act, in exercise of its ....
The jurisdiction for arbitration proceedings is strictly determined by the stipulated venue in the arbitration agreement; lack of mutual decision on venue limits the court's jurisdiction.
The distinction between 'seat' and 'venue' of arbitration is crucial, with the seat determining jurisdiction, which in this case was Ahmedabad despite the venue being New Delhi.
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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