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SUNITA AGARWAL
Instakart Services Private Limited – Appellant
Versus
Megastone Logiparks Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. court hears petition for the appointment of an arbitrator under the arbitration act. (Para 1) |
| 2. dispute context between parties regarding m & e agreement. (Para 2 , 5 , 8) |
| 3. arguments regarding arbitration clause applicability. (Para 3 , 6) |
| 4. objections to the invocation of arbitration clause based on jurisdiction raised. (Para 4) |
| 5. discussion on correlating agreements and arbitration. (Para 7 , 9) |
| 6. argument on territorial jurisdiction regarding arbitration. (Para 10 , 12) |
| 7. analysis on distinction between venue and seat of arbitration. (Para 11 , 14 , 24) |
| 8. court concludes exclusive jurisdiction is with local court despite designated venue. (Para 19) |
| 9. court's findings on jurisdiction based on agreement clauses. (Para 20 , 21) |
| 10. conclusion ordering appointment of arbitrator. (Para 42 , 43) |
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 referr
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 ....
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