2023 SCC Vol. 1 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 20 and 42 r/w S. 2(1)(e) — Jurisdictional seat of arbitration once fixed under S.
Seat of arbitration
[Arbitration Agreement] Delhi High Court reiterates the law of interpretation with respect to two inconsistent clauses of a same instrument/document/deed
Where there exists any iota of inconsistency between two provisions of a same instrument, the former clause shall prevail over the latter one
Delhi High Court | When a prayer to appoint an Arbitrator has been heard and rejected, the same relief cannot be sought by filing a review petition
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”
Change of venue does not result in change of the seat of arbitration; holding otherwise would create a recipe for litigation: Supreme Court
Supreme Court: The bench of Ajay Rastogi and Sanjiv Khanna*, JJ has held that subsequent hearings or proceedings at a different location
Juxtaposing Seat of Arbitration vis-à-vis Exclusive Jurisdiction Clauses: Judicial Trend Thus Far
by Jeevan Ballav Panda† and Satish Padhi††
Where one party habitually resides in a foreign country, arbitration becomes an international commercial arbitration even when the business is being carried through an office in India: SC
Supreme Court: The Division Bench of R.F. Nariman* and B.R. Gavai, JJ., addressed an important case regarding nature of arbitration under Arbitration
Ker HC | Designation of seat of arbitration in an agreement is akin to an exclusive jurisdiction clause
Kerala High Court: The Division Bench of V. Chitambaresh and R. Narayana Pisharadi, JJ. dismissed an appeal filed against the order of
Application under S. 11 of Arbitration and Conciliation Act, 1996 not an application before a court as understood under S. 42 within the meaning of S. 2(1)(e)
Delhi High Court: A Single Judge Bench of the Delhi High Court allowed a petition under Section 29-A(5) of the Arbitration and
Whether Two Indian Parties can have a Seat of Arbitration outside India?
By B.A. Sujay Prasanna*