Legal Reference Library

The Supreme Court, in Indus Mobile Distribution Private Limited vs Datawind Innovations Private Limited, has held that when there is an exclusive jurisdiction clause in an arbitration agreement stating that the courts at a particular place alone would have jurisdiction in respect of disputes arising under the agreement, it would oust all other courts’ jurisdiction in the matter, even in a case where no part of cause of action arises at that place. In the instant case, the arbitration agreement had fixed the seat of arbitration in Mumbai, and there was a clause stating that the courts at Mumbai alone would have jurisdiction in respect of disputes arising under the agreement. A Section 9 petition was filed before the Delhi High Court contending that no part of the cause of action arose in Mumbai, only the courts of three territories could have jurisdiction in the matter, namely, Delhi and Chennai (from and to where goods were supplied), and Amritsar (which is the registered office of...

High Court of Himachal Pradesh Rajiv Bhatia v. Indusind Bank Ltd. and Ors. MANU/HP/0106/2017 23.03.2017 Arbitration “Venue of Arbitration proceedings” need not essentially be a place where “seat of arbitration” is located” In facts of present case, pursuant to award passed by Arbitrator in favour of Respondent/decree holder, an execution petition was filed before Court below. Petitioner primarily raised two objections; one with regard to territorial jurisdiction of Arbitrator and other with regard to amounts paid by him from time to time having not been accounted and reflected in statement of accounts by Respondent. Objections filed by Petitioner, have been dismissed and warrants of attachment of his property have been issued. Moot question in present case is whether by referring the matter for arbitration at Chennai, has Respondent violated territorial jurisdiction and conferred the same to an authority, which practically had no jurisdictional authority to adjudicate such ...