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RAJESH BINDAL
Torrent Power Limited through its Authorized Representative – Appellant
Versus
Dakshinanchal Vidyut Vitaran Nigam Limited through its Managing Director – Respondent
ORDER :
1. The prayer made in the present application filed under Section 11(6) of the Arbitration and Conciliation Application Act, 1996 (hereinafter referred to as the "Act") is for appointment of an Arbitrator for resolution of dispute between the parties.
2. Mr. Mathur, learned Senior Advocate, appearing for the applicant, submitted that an agreement was signed between the applicant and respondent-Dakshinanchal Vidyut Vitaran Nigam Limited (hereinafter referred to "DVVNL") on May 18, 2009 for distribution of electricity in urban areas of Agra for which the respondent was a Distribution Licensee. Clause 17 of the agreement provides for resolution of disputes between the parties. Clause 17.2.5. provides for arbitration. Clause 17.1.2 provides for jurisdiction of the Court for entertaining all the disputes between the parties. It has been mentioned as Agra/Allahabad. The venue of arbitration has been provided under Clause 17.2.8 to be at Lucknow.
3. From the aforesaid clauses, it is evident that for all routine disputes, the Clause 17.1.2 may be relevant. However, for arbitration point of view, the seat being at Lucknow, the proceedings will be at Lucknow. Even if the proceedings cou
The jurisdiction for arbitration-related applications is governed by the parties' contractual agreement, and courts at the designated location have exclusive jurisdiction, regardless of where the arb....
The jurisdiction for appointing an arbitrator lies with the court where the principal agreement was executed, as per Section 11(6), despite a venue specified in an ancillary agreement.
The choice of venue in an arbitration agreement can determine the seat of arbitration, and the amendments made to Section 29A of the Arbitration and Conciliation Act, 1996 in 2019 are applicable to p....
The main legal point established in the judgment is that the venue of arbitration specified in the contract determines the jurisdiction of the court to entertain applications for the appointment of a....
Arbitration - Place of arbitration - Arbitral tribunal may, after consulting the ICADR, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts o....
The designation of a venue for arbitration also constitutes the seat, thus excluding jurisdiction of other courts as per party autonomy principles.
The main legal point established in the judgment is that the designation of the seat of arbitration confers exclusive jurisdiction on the courts at that seat, influencing the court's decision on juri....
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