04 April 2022, Monday

2 years ago

Gautam Buddha Nagar is the juridical seat of arbitration and Delhi the convenient venue because courts at the former place have been conferred jurisdiction

17 February 2022 | Hasmukh Prajapati v. Jaiprakash Associates | Matters Under Article 227 No. 67890 of 2021 | Siddharth J | Allahabad High Court | 2021 SCC OnLine All 96

The Allahabad High Court has surveyed the law on the seat-place-venue debate in this case. A student interested in the topic may find the summary set out in the decision helpful (though not necessarily agree with the decision’s holding).

An award was challenged in the court at Gautam Buddha Nagar but the award-holder questioned the court’s jurisdiction. The court rejected the challenge. The award-holder applied to the High Court under Article 227 of the Constitution.

In the court’s view because court at Gautam Buddha Nagar had jurisdiction, it was a significant contrary indicia that the specified venue (Delhi) was not the seat of the arbitration.

Read the judgment here.

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