Jun 30, 2021

Courts at Seat of Arbitration Have Exclusive Jurisdiction over Arbitral Proceedings

The Supreme Court in M/s. Inox Renewables Limited v. Jayesh Electricals Limited[1] held that parties by mutual agreement can change the venue/place of arbitration, even if such agreement is not in writing but is recorded in the arbitration award and is not challenged by either party. The Supreme Court relied on the decision in BGS SGS Soma JV v. NHPC Limited[2] to reiterate that selection of a seat by the parties is akin to an exclusive jurisdiction clause conferring jurisdiction on the courts of such seat over all matters connected with the arbitration.


[1] M/s. Inox Renewables Ltd. v. Jayesh Electricals Ltd., Civil Appeal No. 1556 of 2021.

[2] BGS SGS Soma JV v. NHPC Ltd., (2020) 4 SCC 234.




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