Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996 - Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration and Conciliation Act, 1996 - s.20 - Jurisdiction for regulating arbitral proceedings - Seat of arbitration fixed at Mumbai - Whether exclusive jurisdiction clause in an agreement stating that the courts at Mumbai alone would have jurisdiction in respect of dispute arising between the parties under the agreement would oust all other courts - Held: Once the seat of arbitration is fixed, it would be in nature of an exclusive jurisdiction clause as to the courts which exercise supervisory powers over the arbitration - Any claim for remedy is agreed to be made only in the courts of the place designated as the seat of arbitration - On facts, the moment "seat" is determined, the fact that the seat is at Mumbai would vest Mumbai courts with exclusive jurisdiction for purpose of regulating arbitral proceedings arising out of the agreement between .the parties - Jurisdiction Words and Phrases - 'Place', 'juridical seat', 'venue', 'seat' - Meaning of - In terms of s.20 of Arbitration and Conciliation Act, I 996 - Discussed. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 369 |
Petitioner | Indus Mobile Distribution Private Limited |
Respondent | Datawind Innovations Private Limited & Ors. |
SCR | [2017] 4 S.C.R. 744 |
Judgement Date | 2017-04-19 |
Case Number | 5370-5371 |
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