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DELHI HIGH COURT
ANUP JAIRAM BHAMBHANI
Vaibhav Raheja – Appellant
Versus
Shutham Electric Limited – Respondent
| Table of Content |
|---|
| 1. petition for appointment of arbitrator. (Para 1 , 2 , 3 , 4) |
| 2. jurisdiction objections by respondent. (Para 6 , 7 , 9) |
| 3. analysis on jurisdiction and arbitration clause. (Para 8 , 10 , 11 , 12 , 13) |
| 4. conclusion and order for arbitration appointment. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
JUDGMENT
Anup Jairam Bhambhani, J. (Oral)--By way of the present petition under section 11(6) of the Arbitration & Conciliation Act 1996 (`A&C Act' for short), the petitioner seeks appointment of an arbitrator to adjudicate upon the disputes that are stated to have arisen with the respondents from Loan Agreement dated 14.07.2013.
2. Notice on this petition was issued on 22.10.2020; consequent to which respondent No. 1 has filed its reply dated 11.01.2021 to the petition.
3. Order dated 28.02.2022 of the learned Joint Registrar records that as per affidavit of service dated 28.02.2022, the notice issued to respondent No. 2 on his first address was received back with a `refusal report'. Report dated 06.05.2022 submitted by the office of the Civil Judge, Senior Division, Pune records that respondent No. 2 has been served.
4. In view of the above this court is satisfied t
The court upheld that a specific arbitration venue in a contract designates the juridical seat, prevailing over general jurisdiction clauses, confirming the validity of the arbitration agreement.
The designation of a location for arbitration proceedings does not establish the seat of arbitration, impacting the court's territorial jurisdiction over related petitions.
The seat of arbitration determines jurisdiction; courts at the arbitration site hold supervisory authority over proceedings regardless of where the cause of action arises.
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.
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