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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY
Waterbury Farrel – Appellant
Versus
Steel Authority of India Limited – Respondent
| Table of Content |
|---|
| 1. procedural history of section 34 petition return. (Para 1) |
| 2. parties dispute new delhi as arbitration seat. (Para 2 , 3) |
| 3. venue is seat absent contrary indicia per bgs sgs. (Para 4 , 5) |
| 4. contract's exclusive jurisdiction clause and neutral venue option as contrary indicia. (Para 6 , 7 , 8 , 9 , 10) |
| 5. no subsequent party agreement on new delhi seat. (Para 11) |
| 6. 2015 amendment applies; first section 9 in madras hc confers jurisdiction. (Para 12 , 13 , 14 , 16) |
| 7. section 34 petition to be refiled in madras high court. (Para 17) |
ORDER :
1. The revision petitioner had filed Arb.O.P.No.103 of 2019 before the Principal District Judge, Salem, under Section 34 of the Arbitration and Conciliation Act, 1996 (the A & C Act) challenging arbitral award dated 28.02.2019. The first respondent herein filed I.A.No.3 of 2020 under Order VII Rule 10 of the Code of Civil Procedure, 1908 (the CPC) and other relevant provisions to return the Section 34 petition for presentation before the court of competent jurisdiction at New Delhi. By order dated 02.12.2021, said petition was allowed and the revision petitioner was permitted to re-present the petition before the court of competent ju
Arbitration clause specifying venue at place or neutral country with exclusive jurisdiction elsewhere constitutes contrary indicia; not seat. Post-amendment, High Court jurisdiction for international....
Point of law : Seat of Arbitration - What constitutes the ‘seat’ of arbitral proceedings - the intention of the parties is germane and that can be gathered from Contract.
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 'venue' in an arbitration clause does not imply the 'seat' of arbitration, which must be expressly specified; exclusive jurisdiction remains with civil courts at the location defin....
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 seat of arbitration is the place where the arbitration proceedings are held and not the place where the cause of action arose. The courts at the seat of arbitration have exclusive jurisdiction to....
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