BOMBAY HIGH COURT
, J
Trammo DMCC (formerly known as Transammonia DMCC) Dubai v. Nagarjuna Fertilizers and Chemicals Ltd. Hyderabad
| Table of Content |
|---|
| 1. introduction of jurisdictional issues related to interim reliefs. (Para 1 , 2) |
| 2. arguments on territorial jurisdiction and applicability of the act. (Para 3 , 4 , 5 , 6) |
| 3. court's interpretation of jurisdiction under amended provisions. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. final ruling on the jurisdiction of the high court for enforcement. (Para 24) |
1. A short but interesting issue arises in this petition filed under S.9 of the Arbitration and Conciliation Act, 1996 (for short 'the Act'), before the parties could be heard on the merits of the matter. The petitioner who holds a foreign arbitral award against the respondent, seeks interim reliefs pending enforcement and execution of a foreign arbitral award. On behalf of the respondent an objection has been raised as to the territorial jurisdiction of this Court to entertain this petition, referring to the amended provisions of the Act, incorporated by the Amendment Act No.3 of 2016, with effect from 23 October, 2015 (for short 'the 2015 Amendment Act'). The focus of the arguments as advanced on behalf of the parties, thus are the provisions of the Act, as amende
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