Back
ALI MOHAMMAD MAGREY
R. S. Construction – Appellant
Versus
State Bank of India – Respondent
JUDGMENT :
Ali Mohammad Magrey, J.
1. The instant petition has been filed under section 11(6) of the Jammu and Kashmir Arbitration and conciliation Act, 1997, for appointment an Arbitrator in terms of Clause 45 of the Agreement. Clause 45 of the agreement being relevant is extracted as under:-
(A) All disputes or differences of any kind whatsoever which shall be at any time arise between the parties have to be touching or concerning the work or the execution or maintenance thereof of this contract or the rights touching or concerning the work or the execution or maintenance thereof of this contract or the construction remaining operation or effect thereof or to the right or liabilities of the parties or arising out of the relation thereto whether during or after determination, fore closure or breach of the contract (other than those in respect of which the decision of any person is by the contract expressed to be final and binding) shall after written notice by either party to the contract to the other of them and to the Appointing Authority who shall be appointed for this purpose by the Employer (SBI) be referred for adjudication to a sole Arbitrator to be appointed a
The court established that the jurisdiction for appointing an arbitrator is governed by the terms of the contract between the parties, and any deviation from those terms, including the applicable law....
The court ruled it lacked jurisdiction to entertain a petition challenging an arbitration award as the arbitration was conducted in New Delhi, not in the court's jurisdiction.
The court upheld party autonomy, determining that the High Court has jurisdiction to appoint a Sole Arbitrator even with an exclusive jurisdiction clause designating Gurugram as the venue.
The designated seat of arbitration is akin to an exclusive jurisdiction clause, and the court's jurisdiction is determined based on the arbitration clause and legal precedents.
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
