Back
PUSHPENDRA SINGH BHATI
Maheshwary Machineries Pvt. Ltd. – Appellant
Versus
Franke Faber India Pvt. Ltd. , Through its Company Secretary & Legal – Respondent
JUDGMENT :
1. The instant arbitration application has been filed by the applicant-Company under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Act of 1996’) claiming the following reliefs:-
Any other order(s) or direction(s) which is deemed just and proper by the Hon’ble Court in the facts and circumstances of the case may also kindly be passed in favour of the Applicant;”
2. The applicant-Company was incorporated under the provisions of the Companies Act, having its main objectives, to carry on business of manufacturing, engineering, processing etc., and dealing
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....
A designated seat of arbitration confers exclusive jurisdiction to the designated courts, excluding all others, as established in precedent.
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 designated seat of arbitration creates exclusive jurisdiction for resolving disputes as per contract, regardless of the place of contract execution or asset location.
The court affirmed that jurisdiction must be inherently valid and cannot be conferred by consent if lacking, emphasizing the importance of the location of the cause of action in arbitration agreement....
The court held that an exclusive jurisdiction clause cannot confer jurisdiction on a court lacking inherent authority, emphasizing the need for jurisdiction to align with the location of the cause of....
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
