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Vineet (Director)     03 October 2009

International Arbitration - Jurisdiction

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.



 18 Replies

Amardeep Srivastava (Senior Law Officer)     03 October 2009

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

Vineet (Director)     03 October 2009

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.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 October 2009

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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Satyaprakash Sharma (Advocate & Legal Consultant)     03 October 2009

 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.  

Amardeep Srivastava (Senior Law Officer)     03 October 2009

Thanks to you all. I am also updated now.

Regards

Amardeep

Vineet (Director)     05 October 2009

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.

N.Ramakrishnan (Advocate/ Senior Partner)     06 October 2009

Dear Mr. Srivastava,

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

Thanks

N.Ramakrishnan, ADV

 

Satyaprakash Sharma (Advocate & Legal Consultant)     07 October 2009

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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Vineet (Director)     07 October 2009

Will somebody please throw light in this matter.

shonith (Law Officer)     07 October 2009

Dear All,

If  available, Pls provide me an International Commercial Arbitration clause, where the governing law opted is Indian Law and the place of Arbitration is at Mumbai.

Thanka&Regards

Shonith

Amardeep Srivastava (Senior Law Officer)     08 October 2009

Dear Mr. Satya Prakash,

Can I get the citation of the judgment referred by you.

Regards,

Amardeep.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 October 2009

Mr. Satyaparkash ji! Please go through again in my advice which say that you hVE RO FILE THE PETITION before HIGH Court of Gujrat only as powers have already been delegated to deal with such cases. The citation referred has no relevantce in the facts of the case/opinion.

Satyaprakash Sharma (Advocate & Legal Consultant)     08 October 2009

Makkad Sir, I wish you are correct.

Amardeep, here is the Citation and and attached is the text of said judgment:

Citation: 2006 AIR 450, 2005(4) Suppl.SCR 688, 2005(8) SCC 618, 2005(9) SCALE 1, 2005 (9) JT 219.


Attached File : 39 s.b.p. & co. vs. patel engineering ltd. & anr.pdf downloaded: 76 times
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Satyaprakash Sharma (Advocate & Legal Consultant)     08 October 2009

Mr. Shonith,

Do you mean law governing Arbitration Procceding to be Indian law.

If yes, under dispute resoluton clause mention that dispute shall be referred to Arbitration by <provide for number(s) of Arbitrators> in accordance with the provisions of Arbitration and Conciliation Act, 1996 and seat of arbitration shall be Mumbai.

If you mean to say that provisions of the agreement to be constructed in accordance with Indian Law, mention under governing law clause that the Agreement shall be governed by the Indian Law.

It is the governing law designated by the parties, according to which the Arbitrator or Arbitration Tribunal decides the dispute.

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