K. HARILAL, J.

1. (i) Is the seat of arbitration or the place where arbitration proceedings were conducted and concluded a determinate factor, in conferring territorial jurisdiction, to file an application under Section 34 of the Arbitration and Conciliation Act, to set aside an Award?

(ii) Where the parties to an agreement have chosen to confer exclusive territorial jurisdiction to a particular place or court, among two or more courts having concurrent jurisdiction, in case of dispute, will it bind the parties and oust the other courts having concurrent jurisdiction.

These are the questions that arise for our consideration in this First Appeal from Order.

2. The appellants had preferred O.P.(Arb.)No.12/2011 before the District Court, Ernakulam under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitration award.

3. The respondent filed an objection in the above O.P. (Arb.), challenging jurisdiction of the District Court, Ernakulam, contending that the parties had agreed, as per Clause 19 of the Franchisee Agreement, that the court at Thiruvananthapuram alone has jurisdiction to decide any dispute between the parties arising out of or consequent on