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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, A.C.J., SANGEETA SHARMA
B.K. Engineering Enterprises, Chandigarh – Appellant
Versus
Union Of India, through Chief Engineer – Respondent
| Table of Content |
|---|
| 1. jurisdiction determined by designated seat of arbitration. (Para 1 , 3) |
| 2. section 20 of the act regarding place of arbitration. (Para 2) |
| 3. award challenges restricted to jurisdictional seat. (Para 4 , 5) |
| 4. appeal resolved; request for expediency acknowledged. (Para 6) |
JUDGMENT :
1. The issue raised by the appellant in the present appeal is no more res-integra. The question regarding the jurisdiction of the concerned Court to hear objections under Section 34 / Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act of 1996’) has been well-settled by the judgment passed by the Supreme Court in Indus Mobile Distribution Private Limited Vs. Datawind Innovations Private Limited & Ors. reported in [ (2017) 7 SCC 678 ]. The fact that the Supreme Court after considering that the arbitration clause and the aspect regarding Section 2 (1)(e) as well as Section 20 of the Act of 1996 proceeded to hold as under:-
“20. A conspectus of all the aforesaid provisions shows that the moment the seat is designated, it is akin to an exclusive jurisdiction clause. On the facts of the present case, it is clear that the seat of arbitration is Mumbai and Clause 19 furth
A designated seat of arbitration confers exclusive jurisdiction to the designated courts, excluding all others, as established in precedent.
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 main legal point established in the judgment is the determination of supervisory jurisdiction under Section 34 of the A and C Act based on the juridical seat and exclusive jurisdiction of the sup....
The designation of a seat of arbitration grants exclusive jurisdiction to the courts at that location, precluding jurisdiction elsewhere, as per Section 42 of the Arbitration and Conciliation Act, 19....
The designation of the seat of arbitration determines exclusive jurisdiction for challenges to the arbitration award, limiting civil court involvement.
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 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....
The designation of seat in arbitration determines jurisdiction, exclusive to that locality, not altered by convenience of venue or the location of award issuance.
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