Back
SUNITA AGARWAL
Instakart Services Private Limited – Appellant
Versus
Megastone Logiparks Pvt. Ltd. – Respondent
JUDGMENT :
(Sunita Agarwal, CJ.)
1. Heard learned Senior Counsel Mr. Devang Nanavati assisted by learned counsel Mr. Tabish Samdani appearing for the petitioner, and learned counsel Mr. Mohit Gupta appearing for the respondent.
2. In the instant petition, seeking for appointment of arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act, 1996’, for short), two issues have been raised by the learned counsel for the respondent for consideration, raising an objection with regard to appointment of Arbitrator on the dispute arising out of the Maintenance and Amenities Agreement (hereinafter referred to as ‘M & E Agreement’, for short) dated 07.05.2018, and further with regard to the territorial jurisdiction of this Court to entertain the petition under Section 11 of the Act, 1996.
3. Contesting the claim of the petitioner to appoint Arbitrator, to deal with the dispute arising out of the M & E Agreement, it is argued by the learned Senior Counsel for the petitioner that M & E Agreement contains no arbitration clause and the arbitration clause in the Lease Agreement dated 01.03.2018 cannot be invoked to refer the dispute to the Arbi
The jurisdiction for appointing an arbitrator lies with the court where the principal agreement was executed, as per Section 11(6), despite a venue specified in an ancillary agreement.
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.
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 designation of a jurisdictional 'seat' in arbitration agreements is critical; parties must adhere to contractual terms for determining jurisdiction, confirming that Mumbai was the agreed 'seat' o....
In a domestic arbitration, the selected forum should have precedence over the seat of arbitration to give primacy to party autonomy.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
