Back
| Table of Content |
|---|
| 1. transfer of arbitration petition (Para 1 , 2) |
| 2. jurisdiction over arbitration applications (Para 3 , 4) |
| 3. interpretation of section 42 of arbitration act (Para 5 , 6) |
| 4. jurisdiction determination based on timing (Para 7) |
| 5. order for transfer to commercial court (Para 8) |
ORDER :
Sanjay Dhar, J.
1. This is an application filed on behalf of the respondent seeking transfer of the afore titled Arbitration Petition to the Commercial Court (Additional District Judge Bank Cases), Srinagar for disposal.
2. In the application it has been submitted that the present petition under Section 34 of the Arbitration and Conciliation Act, challenging award dated 21.01.2022, passed by the Arbitral Tribunal, has been filed by the petitioner/non-applicant before this Court on 25.04.2022, whereas the applicant/respondent has challenged the same award by way of another petition under Section 34 of the Arbitration and Conciliation Act before the Commercial Court (Additional District Judge Bank Cases), Srinagar on 16.04.2022. It has been submitted that in terms of provisions contained in Section 42 of the Arbitration and Conciliation Act, all subsequent applications arising out of Arbitral Aw
Jurisdiction in arbitration petitions follows the order of applications as mandated by Section 42 of the Arbitration and Conciliation Act.
Jurisdiction under Section 42 of the Arbitration and Conciliation Act dictates that a court must hear cases where the first application was filed.
The principle of jurisdictional exclusivity under Section 42 of the Arbitration and Conciliation Act, 1996, mandates that all applications related to an arbitration agreement must be filed in the sam....
Transfer petition – There is limited scope vested in Supreme Court while exercising its jurisdiction under Section 25 of CPC and same cannot be extended to determine question of territorial jurisdict....
An application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award must be filed before the Court which has pecuniary jurisdiction to entertain the appl....
Section 42 of the Arbitration and Conciliation Act, 1996 applies to all applications made before or during the arbitral proceedings or after an Award is pronounced under Part I of the Arbitration Act....
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 jurisdiction for setting aside arbitral awards lies exclusively with the City Civil Court as per Section 42 of the Arbitration and Conciliation Act, 1996.
Jurisdiction under Section 42 of the Arbitration Act is exclusive, necessitating that challenges to arbitral awards be made before the appropriate court.
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
