exclusive jurisdiction clause Archives

Exclusive jurisdiction clause indicates seat of arbitration

Exclusive jurisdiction clause can indicate seat of arbitration: Supreme Court dismisses SLP against Delhi HC order appointing Sole Arbitrator

The Court dismissed a special leave petition challenging the Delhi High Court’s order appointing a Sole Arbitrator under Section 11, Arbitration and Conciliation Act, 1996. The Court upheld the view that an exclusive jurisdiction clause, in the context of arbitration proceedings, can be construed as indicative of the seat of arbitration.

Experts Corner Khaitan & Co

An Exclusive Jurisdiction Clause in an Employment Contract: Is It Actually a Case of Mighty Lion versus Timid Rabbit?

by Jeevan Ballav Panda*, Dhriti Mehta** and Tapamoy Ghose***

arbitrator's discretion seat of arbitration

Case Briefs High Courts

Arbitrator’s discretion to fix venue/seat of arbitration cannot override parties’ exclusive jurisdiction clause in arbitration agreement: Delhi HC

When parties agree to vest exclusive jurisdiction in a particular court for any dispute arising out of the arbitration clause, it must be presumed that they intended that court only to have supervisory control.

Case Briefs Foreign Courts

Abuse of process and denial of justice: Only two grounds for refusing a stay in cases of an EJC clause

Supreme Court of Singapore: A Five Judge Bench comprising of Sundaresh Menon, CJ., Andrew Phan Boon Leong, Judith Prakash, Tay Yong Kwang,

Case Briefs

Chhattisgarh HC enforced the exclusion jurisdiction clause in arbitration agreement

High Court of Chhattisgarh: In a recent judgment, a Single Bench of Prashant Kumar Mishra, J. reiterated the principle that when an