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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Golcha Talkum And Cosmetics Private Limited – Appellant
Versus
Rotex Manufacturers And Engineers Private Limited – Respondent
| Table of Content |
|---|
| 1. application for arbitration appointment. (Para 1 , 2 , 3) |
| 2. dispute over jurisdiction of the court. (Para 4 , 5 , 6) |
| 3. seat of arbitration determines jurisdiction. (Para 11 , 12) |
| 4. respondent cannot challenge the agreed terms. (Para 14) |
| 5. appointment and duties of the arbitrator. (Para 15 , 17 , 18 , 19 , 21) |
Order :
ANOOP KUMAR DHAND, J.
1. The instant arbitration application has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for brevity, ‘Arbitration Act’) seeking appointment of an arbitrator to adjudicate/resolve the dispute between the parties arising out of the agreement dated 22.11.2018.
2. Learned counsel appearing for the petitioner submits that both the parties had entered into an agreement wherein, Clause 14 was inserted which states that in case any disputes/differences arise between them in connection with any matter relating to the agreement, the matter would be referred to the arbitrator, who shall decide the dispute between them as per the provisions contained under the Arbitration Act. Learned counsel further submits that both the parties agreed that seat and venue of the arbitration shall be at Jaipur.
3. Learned couns
The designated seat of arbitration creates exclusive jurisdiction for resolving disputes as per contract, regardless of the place of contract execution or asset location.
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 jurisdictional seat of arbitration was Panchkula in Haryana, and not Delhi, as the arbitrator had fixed the jurisdictional seat under Section 20(2) of the Act before any party had moved the court....
The seat of arbitration is determined by the explicit terms of the arbitration agreement, and the designation of a venue as the seat excludes jurisdiction of Indian courts when the seat is outside In....
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 seat of arbitration, as specified in the agreement, determines the territorial jurisdiction of the court over the arbitral proceedings.
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....
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