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JAVED IQBAL WANI
J&K Economic Reconstruction Agency – Appellant
Versus
Rash Builders India Private Limited – Respondent
JUDGEMENT
1. The instant petition has been filed by the petitioner herein under Section 34 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 (for short the Act of 1997) seeking setting aside of award dated 15.01.2024 passed by sole arbitrator Hon'ble Mr. Justice Amitabh Roy Judge of the Supreme Court (Rtd.).
2. Upon coming of this petition for consideration and after counsel for the petitioner in brief narrated the grounds of challenge urged in the petition against the award under challenge, the counsel for the caveator respondent raised a preliminary objection that this court lacks jurisdiction to entertain the petition as the venue/seat of the arbitration had been at New Delhi and that the arbitration proceedings were conducted at New Delhi and even award under challenge came to be passed at New Delhi. Counsel for the petitioner would, however, oppose said objection and would contend that this court is possessed of the jurisdiction to entertain and adjudicate upon the petition as the initial petition for appointment of the arbitrator in the matter came to be filed in this Court and as such all subsequent proceedings arising out thereof are maintainable before this cou
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 designation of seat in arbitration determines jurisdiction, exclusive to that locality, not altered by convenience of venue or the location of award issuance.
The central legal point established in the judgment is the exclusive supervisory jurisdiction of the seat Court over arbitral proceedings and the inapplicability of Section 42 of the Act when the pri....
The High Court's appointment of an arbitrator under Section 11(6) does not grant it jurisdiction over objections to the arbitral award under Section 34; objections must be heard in the proper princip....
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....
A party cannot challenge the jurisdiction of an Arbitral Tribunal after submitting a statement of defence, as per Section 16(2) of the Arbitration and Conciliation Act, 1996.
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