Search Results for "exclusive jurisdiction clause"

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Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Dispute, Reversing High Court's Return of Petition. Designated Seat of Arbitration at Srinagar Determines Supervisory Jurisdiction Under Section 34 of Jammu & Kashmir Arbitration and Conciliation Act, 1997, Irrespective of Venue at New Delhi Where Proceedings Were Conducted and Award Rendered.

15 Apr 2026

The appeal arose from a High Court order that returned a petition filed under Section 34 of the Jammu & Kashmir Arbitration and Conciliation Act, ...

Supreme Court

Supreme Court Allows Bank's Appeal on Jurisdiction in Employment Dispute Due to Exclusive Jurisdiction Clause. Exclusive jurisdiction clauses in employment contracts specifying Mumbai courts are binding and oust jurisdiction of other courts where suits were filed in Patna and Delhi under Section 20 of the Code of Civil Procedure, 1908.

8 Apr 2025

The dispute arose from two civil appeals concerning jurisdiction in employment termination cases. In the lead appeal, an employee, Rakesh, appointed b...

Supreme Court

Supreme Court Clarifies Jurisdiction in International Arbitration Agreements. Supreme Court Rules on Applicability of Indian Law and Jurisdiction in Cross-Border Arbitration Disputes

18 Mar 2025

Governing Law of Arbitration Agreement: The Court applied the three-step test from Sulamérica Cia Nacional De Seguros S.A. v. Enesa Engenharia S.A....

Supreme Court

Supreme Court Sets Aside High Court Order in Temple Receivership Dispute, Remands for Fresh Consideration. The Court held that the High Court exceeded its contempt jurisdiction by setting aside the Trial Court's order appointing a Seven Member Committee as Receiver under Order XL Rule 1 CPC.

1 Jan 2025

The appeal arose from a High Court order in a contempt petition that set aside a Trial Court's order appointing a Seven Member Committee as Receiver f...

High Court

Jurisdiction Under MSMED Act for Arbitration Awards Governed by Original Contractual Agreement. Bombay High Court clarifies that challenges to arbitration awards under the MSMED Act are subject to the original agreement’s exclusive jurisdiction clause, with precedence given to the contractual "seat" of arbitration.

16 Oct 2024

The case revolves around the issue of whether an application challenging an arbitration award under Section 34 of the Arbitration and Conciliation Act...

Supreme Court

Supreme Court Sets Aside High Court Order Returning Plaint in Civil Suit Over Immovable Property Jurisdiction. The Court Held That the Trial Court in Pune Had Territorial Jurisdiction Based on an Exclusive Jurisdiction Clause in the Agreement and That the Suit Primarily Sought Declaratory and Injunctive Reliefs for Contractual Breaches, Not Directly Concerning Immovable Property Under Order VII Rule 10 CPC, and Modified the Order to Set Aside the Rejection Under Order VII Rule 11 CPC Due to Contradiction.

2 Mar 2023

The appeals arose from a common order of the Bombay High Court allowing civil revision applications against orders of the 9th Joint Civil Judge, Senio...

Supreme Court

Supreme Court Quashes Calcutta High Court's Order Appointing Arbitrator Due to Lack of Territorial Jurisdiction. Territorial Jurisdiction for Section 11 Application Under Arbitration and Conciliation Act, 1996 Depends on Court as Defined in Section 2(1)(e), Not Merely on Seat Designation in Arbitration Clause.

24 Mar 2022

The appeals arose from orders of the Calcutta High Court dated 13 August 2021 and 4 October 2021. The appellant and respondent had entered into a deve...

Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Dispute, Holds Ahmedabad Courts Competent for Section 34 Petition. Mutual Consent to Shift Venue to Ahmedabad Established Seat There, Granting Exclusive Jurisdiction Under Arbitration and Conciliation Act, 1996, Overriding Original Clause Designating Rajasthan Courts.

13 Apr 2021

The appeal arose from a dispute over jurisdiction for a Section 34 petition under the Arbitration and Conciliation Act, 1996. The appellant, Inox Rene...

Supreme Court

Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

26 Nov 2020

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case — Suit Must Proceed De Novo After Plaint Returned for Lack of Jurisdiction. Exclusive Jurisdiction Clause in Agreement Ousts Jurisdiction of Gurgaon Court, Rendering Proceedings Void Ab Initio Under Order VII Rule 10 CPC.

1 Jan 2020

The Supreme Court considered a reference arising from a suit for recovery filed by the respondent against the appellant based on a franchise agreement...

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