International Arbitration - Jurisdiction

Director

The terms of agreement between A Gujrat Based Company and UK based Company provides for arbitration clause under Indian laws and the seat of arbitration is Mumbai.

As the parties are unable to appoint arbitrator mutually, which high court has the jurisdiction over matter for initiating section 11 filing? Gujrat or Mumbai? Please advice.

 
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Senior Law Officer

Since one of the parties is UK based, this would fall within the definition of International Commercial Arbitration as defined in Section 2 (f) of the Arbitration and Conciliation Act, 1996 and hence Section 11.(12)(a) of the act would be applicable. So the jurisdiction to appoint the arbitrator would lie with the Chief Justice of India.

Regards,

Amardeep

 
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Director

Thanks Mr Amardeep. But as I understand the Hon'ble Chief Justice of India has delegated these powers to respective Jurisdictional High Courts.

So the question of jurisdiction in the matter remains open for your kind comments.

 
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Advocate

Vineet ji U r rt. The SC has delegated its powers in such cases to concerned High courts and in ur case. the HC of Gujrat has jurisdiction for arbitration as per provsion as cause has action has arisen witin its jurisdiction


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Advocate & Legal Consultant

 Mr.Vineet,

You may file petition u/s .11 of the Arbitration and Conciliation Act, 1996 in the Supreme Court. You may contact following Court Officers for the purpose.

(i) Section XVIA (i) Branch Officer - EPABX Extn. No. 2316

(ii) Assistant Registrar - EPABX Extn. No. 2336

(iii) Additional Registrar - Tel No. 23381555.

 

You may get further requisite information from any Supreme Court Advocate On Record (AOR) also.  

 
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Senior Law Officer

Thanks to you all. I am also updated now.

Regards

Amardeep

 
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Director

Dear Shri Satyaprakash Ji, do we have to approach Supreme Court for section 11 filing even when the powers have been delegated to respective High Courts? As advised by Shri Makkad the jurisdiction loes with Gujrat High Court. Please advise.

 
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Advocate/ Senior Partner

Dear Mr. Srivastava,

Mr. Rajkumar is right. You can approach the Guj HC under sec 11 of the act.

Thanks

N.Ramakrishnan, ADV

 

 
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Advocate & Legal Consultant

Respected Mr. Makkad and Mr.Ramakrishnan Sir,

I don't know what prompted you to above conclusion. However, in my opinion, in view of 7 Judges Constitutional Bench judgment in S.B.P. & CO. Vs. PATEL ENGINEERING LTD. & ANR Chief Justice of India can delegate his power under Section 11(6) of the Act to any other judge of the Supreme Court only.

Para 46(ii) of said Judgment reads as under:

"ii) The power under Section 11(6) of the Act, in its entirety, could be delegated, by the Chief Justice of the High Court only to another judge of that court and by the Chief Justice of India to another judge of the Supreme Court."

If, you have any specific updates in this regard, please let us benefit with the same for which we shall be grateful.

Thanx and regards,

Satyaprakash sharma


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Director

Will somebody please throw light in this matter.

 
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