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DELHI HIGH COURT
J.R.MIDHA
Aarka Sports Management Pvt. Ltd. – Appellant
Versus
Kalsi Buildcon Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petition for appointment of arbitrator under arbitration act. (Para 1 , 2 , 3) |
| 2. dispute over jurisdiction of delhi courts. (Para 4 , 5 , 6) |
| 3. legal definitions and principles regarding arbitration jurisdiction. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. determination of jurisdiction in absence of seat agreement. (Para 23 , 24 , 25 , 26) |
| 5. court's analysis of jurisdiction based on arbitration agreement. (Para 27 , 28 , 29 , 30 , 31 , 32) |
| 6. conclusion that court lacks jurisdiction. (Para 33 , 34) |
JUDGMENT
1. The petitioner is seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act.
2. The arbitration agreement between the parties is contained in clause 15 of the operation, maintenance and management agreement dated 16th March, 2018, which is reproduced hereunder:
"15. Governing Law, Jurisdiction & Dispute Resolution
15.1 This Agreement shall be governed by and construed in accordance with the laws of India and subject to clauses 15.2 and 15.3, the jurisdiction of this Agreement shall be exclusively in the courts of New Delhi, India.
15.2 Negotiation: The Parties shall negotiate in go
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