Dear Members,
I want your views regarding my interpretation on the Territorial jurisdiction for challenging Arbitral Award As per Supreme Court judgement Panvel & Anr. v Atlanta Limited and Bharat Aluminium Company vs. Kaiser Aluminium (Balco Judgment) that the Arbitral awrad can be challenged under Supervisory Jurisdiction as well as Under Section 20 of CPC, where subject matter of the suit is situated and District Court would be the first court of recourse and would aptly exercise jurisdiction except where the High Court ordinary original civil side jurisdiction will have primacy to hear the petition,. For example if jurisdictional clause in an agreement consisting jurisdiction of the courts of two states and one of the parties due to some dispute arising out of the agreement goes for the appointment of arbitrator and after appointment arbitrator passes award against the other party who is situated in the other state which is also the other state mentioned in the jurisdictional clause. Now whether the other party can challenge it in the district court of the other state under section 15 and 20 c.p.c. read with Section 2 (1) (e) of the Arbitration and Conciliation Act, 1996 as per the above Supreme Court Judgments.
Thanks and Regards
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