Designation of the Seat of Arbitration is Akin to an Exclusive Jurisdiction Clause

In Indus Mobile Distribution Private Limited v. Datawind Innovations Private Limited,[1] the SC held that an arbitration clause, pursuant to which a place has been determined as the ‘seat’, would vest the Courts of such place with exclusive jurisdiction for the purpose of regulating the arbitral proceedings. This is irrespective of the fact that such a venue may not, in the classical sense, have jurisdiction over the dispute at all, in that no part of the cause of action may arisen at such venue. Pursuant to this decision, the SC distinguished arbitral law from the law contained in the provisions of the Code of Civil Procedure, 1908 (‘CPC’) and observed that while under CPC, jurisdiction is closely linked to the place at which the cause of action of arises, under arbitral law, the courts having jurisdiction over the place designated as the seat of the arbitration would have exclusive jurisdiction for the purposes of regulating arbitral proceedings arising out of the agreement between the parties.

[1]     Civil Appeal Nos. 5370-5371 of 2017.

Published In:Inter Alia - Quarterly Edition - July 2017 [ English Chinese japanese ]
Date: July 1, 2017