were relied on by the petitioner and respondent respectively. The court notably goes on to assert that the terms “seat” & “place” of arbitration can be interchangeably used. Hence, the district court at Faridabad will have jurisdiction since the cause of action arose there. The single judge adopted a purposive interpretation of Section 42 of the Act, and held that the petition must be ‘valid’ and the court which is approached in the first instance must be ‘competent’ to entertain and grant the reliefs prayed for in order to become the ‘one stop’ court for all the subsequent proceedings. It was in this backdrop, the Petitioner filed the present petition u/s 11 (6) of the Arbitration and Conciliation Act seeking appointment of Sole Arbitrator under Clause 17 of the MOU. Union of India vs. Hardy Exploration and Production (India) Inc, AIR 2018 SC 4871. Further, Clause 19 of the Agreement vested exclusive jurisdiction on courts of Mumbai for all disputes and differences arising out of or in connection with the Agreement. Le bus était si bondé qu'il ne restait plus le moindre siège disponible. The HC assumed jurisdiction, vide its order dated June 13, 2016. The arbitration proceedings were conducted in New Delhi and the consequent award was also signed there. Définitions de venue. Keeping in mind our area of focus, we will restrict ourselves only the latter 2 issues herein above. Signalez une publicité qui vous semble abusive. In particular, the single Judge of the Delhi HC had allowed Devas, a Bangalore based media company to secure USD 562.5 million awarded in an ICC arbitration against Antrix, the commercial arm of the Indian Space Research Organization (“ISRO”). In absence of specific mention/agreement with regards to the seat of the arbitration, the venue/place shall be considered as the seat of arbitration subject to a combined reading of the entire agreement/clause and absence of any other significant contrary indicia. It has also been established that mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “seat” of arbitration. Despite of this, the court in BGS meticulously delved into English & Indian case laws wherein the parties were from different countries. Ultimately in this case, emphasis was placed on holistic or combined reading of the entire contract along with the arbitration agreement/clause to determine the intention of the parties with regards to the seat of the arbitration. The Delhi HC relied on the decision of the Supreme Court in, Bharat Aluminium Company v. Kaiser Aluminium Technical Service, ”) to note that Section 2(1) (e) of the Act confers jurisdiction upon two courts over the arbitral process i.e., the courts having subject matter jurisdiction and the courts of the seat. All disputes & differences of any kind whatever arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of courts of Mumbai only.”. The same will be discussed as we delve further into this issue in the present article. It distinguished the judgment in Datawind as in that case the parties had particularly mentioned that a particular court was to have exclusive jurisdiction in addition to the designation of the seat. ‘NOTORIOUS RBG’: Remembering Life and Times of Ruth Bader Ginsburg, Genetic Modification of Crops: An Emerging Issue in Environment, Analysis of the Transgender Person (Protection of Rights) Rules 2020, Application of Separation of Power Theory in India, Top Cities in United States for Lawyers to work, Importance of Nail Marks in Sexual Assault Investigation, Combined economies of BRICS Members will soon account for more than Half the World Economy, Trademark Process in India and Across the Globe. In this decision, the bench analysed the Arbitration and Conciliation Act 1996 and … Ex : fille - nf > On dira "la fille" ou "une fille". That building is the seat of the college of liberal arts and sciences. dated 12.09.2016 was entered into between Petitioner-Company incorporated in India and Respondent-incorporated under the laws of Hong Kong. The Supreme Court in its decision given in this case held that the choice of another country as the Seat of Arbitration inevitably imports an acceptance that the law of that country relating to the conduct and supervision of Arbitrations will apply to the proceedings.
However, it is not to be forgotten here that both the above judgment, viz. judgment of Hon’ble Delhi High Court later on has been said to be “not good law” by the Hon’ble Supreme Court of India in BGS SGS SOMA JV vs. NHPC Ltd. 2019 (6) Arb LR 393 (SC). Is a Section 37 appeal maintainable against an order that transfers Section 34 proceedings from one court to another? The award was signed and declared in Kuala Lumpur. 34 of the Act in the district court at Bilaspur. The site revamp progress will be completed in a week time. Hence, the case was transferred to an appropriate court in New Delhi. Delhi HC, therefore, went on to hold that, if the findings in, are to be seen in the background of the larger bench decision in.
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