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2022 Supreme(All) 1003

SANGEETA CHANDRA
Zapdor-Ubc-Abnjv Delhi – Appellant
Versus
U. O. I. , Thru. General Manager Northern Railway New Delhi – Respondent


Advocates Appeared:
For the Petitioner: Anil Srivastava, Divyam Krishna, Utkarsh Srivastava.
For the Respondent: Mrs. Suniti Sachan, Brijesh Kumar Shukla, Pratyush Chaube.

Judgement Key Points

The legal document clearly establishes that the seat of arbitration is the location where the arbitration proceedings are held, not the place where the cause of action arose. The courts at the seat of arbitration have exclusive jurisdiction to entertain challenges to the arbitral award (!) (!) (!) (!) .

In the context of disputes arising from arbitration agreements, the determination of the seat or place of arbitration depends on the contractual clauses, conduct of the parties, and surrounding circumstances. When the arbitration proceedings are conducted at a specific location, and the award is signed and delivered there, that location is generally regarded as the seat of arbitration (!) (!) (!) (!) (!) .

Particularly, if the arbitration agreement explicitly designates a specific place or seat, that designation is binding and confers exclusive jurisdiction on courts at that location (!) (!) (!) (!) (!) (!) . Conversely, if the agreement is silent but the conduct of the parties indicates that a particular location was intended as the seat, such conduct can imply the designation of that location as the seat of arbitration (!) (!) (!) .

Furthermore, the distinction between the venue of arbitration and the seat is significant. The venue is the physical location where hearings are held, which may be different from the seat, the juridical place that determines the applicable law and supervisory jurisdiction (!) (!) (!) (!) (!) (!) (!) (!) .

In summary, the location designated in the arbitration agreement or inferred from the conduct of the parties determines the seat of arbitration. This seat confers exclusive jurisdiction on courts at that location to oversee challenges and enforcement related to the arbitration proceedings and awards (!) (!) (!) (!) (!) (!) (!) . Any change or dispute regarding the seat must be mutually agreed upon explicitly, and in the absence of such, the courts at the designated seat have the sole supervisory authority.


JUDGMENT :

1. Heard Sri Divyam Krishna and Sri Utkarsh Srivastava for the Petitioners and Sri Brajesh Kumar Shukla along with Pratyush Chaubey for the Respondents. The Petitioners have challenged the order passed by the Learned District Judge/Commercial Court, Lucknow dated 12.12.2019 rejecting the Petitioners Application for Return of Arbitration Application filled under Section 34 by the Railways against Award of the Arbitral Tribunal dated 06.03.2019, and allowing the Application for Condonation of Delay moved by the Respondents.

2. The facts as mentioned in the petition briefly are that on 30.10.2015 the Respondents floated a Tender Notice entitled "Design, Supply, Erection, Testing and Commissioning of 25 KV, 50 Hz Single Phase, Electrification works including OHE And TSS composite Electrical Works (hereinafter referred to as the Tender Paper ELCORE) The Petitioner's bid was adjudged viable and a Letter of Acceptance awarding the contract for a total value of more than Rs.30 crores 27 lakhs was issued by the Chief Electrical Engineer/P&D Central Organisation for Railway Electrification (CORE) at Allahabad 19.04.2016. An Agreement was executed on 14.7.2016 between the Petitioner

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