Hindustan Construction Company Ltd. v. NHPC Ltd. and others, MANU/SC/0299/2020 Supreme Court of India; 3-judge bench, RF Nariman, S Ravindra Bhat, and V. Ramasubramanian JJ; decided on 04 March 2020 A 3-judge bench of Rohinton Fali Nariman, S Ravindra Bhat and V Ramasubramanian JJ has reiterated, following BGS SGS
Continue readingIf a court determines that the seat is somewhere else, it has no jurisdiction even if cause of action arose in its jurisdiction and even if before the determination of seat, a prior application had been filed before it (Supreme Court of India)
Which court has jurisdiction over an arbitral process clarified; BALCO’s concurrent-jurisdiction theory is not its real ratio; seat v. venue debate discussed; Hardy held to be contrary to BALCO (Supreme Court of India)
Article by Aimen Reshi , Prashant Mishra
BGS SGS Soma JV v. NHPC Ltd., SCC OnLine SC 1585 Supreme Court, 3-judge bench, R.F Nariman, Aniruddha Bose and V Ramasubramanian, JJ., Decided on 10 December 2019 Preface–which court has jurisdiction over an arbitral process and as a result jurisdiction to set aside an award Courts in the arbitral
Continue reading Categories: Appealable orders | Arbitral seat | BALCO | Concurrent jurisdiction | Designation of arbitral seat | Exclusive jurisdiction | Interpretation of judgment | Maintainability | Seat | Seat of arbitration | Set aside or refusing to set aside an arbitral award | Tests for determination of seat | Venue | Venue of arbitration
Seat is akin to exclusive jurisdiction (Delhi High Court)
Updates by Nishant Gupta
Dipankar Singh and others v. Union of India through National Highway Authority of India, 2019 SCC OnLine Del 11121 Delhi High Court; single-judge bench, V. Kameswar Rao J.; decided on 15 November 2019 The petitioners’ land was notified for acquisition under the National Highway Act, 1956 (“NHA”). The competent
Continue readingWhen ‘venue’ means ‘seat’ (Delhi High Court)
Updates by Gunjan Soni
Raj Kumar Brothers v. Life Essentials Personal Care Pvt. Ltd., 2019 SCC OnLine 10803 Delhi High Court; single-judge bench, V. Kameswar Rao J.; decided on 31 October 2019 The arbitration agreement provided that the “venue of Arbitration shall be Gurgaon” and “all disputes … shall be subject to GURGAON jurisdiction”.
Continue reading Categories: Arbitral seat | Exclusive jurisdiction | Place | Place of arbitration | Seat | Seat of arbitration | Venue | Venue of arbitration
