Delhi HC Holds That Specific Designation of Venue in Arbitration Clause Would Override Generic ‘Exclusive Jurisdiction’ Clause

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Oct 19, 2023

Delhi HC Holds That Specific Designation of Venue in Arbitration Clause Would Override Generic ‘Exclusive Jurisdiction’ Clause

The High Court (‘HC’) of Delhi in Reliance Infrastructure Ltd. v. Madhyanchal Vidyut Vitran Nigam Ltd.,^[1] held that when a contract contains an arbitration clause that specifies a venue and in the absence of any contrary indicia, such venue is really the seat of arbitration. The Court observed that in such situations, the Courts having supervisory jurisdiction over such seat must exercise supervisory jurisdiction over the arbitral process, notwithstanding a generic clause in the contract, which does not specifically refer to arbitration proceedings, and confers exclusive jurisdiction on a different court.

[1] Reliance Infrastructure Ltd. v. Madhyanchal Vidyut Vitran Nigam Ltd., 2023 SCC OnLine Del 4894.

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