Arbitration
rajendra
(Querist) 26 June 2011
This query is : Resolved
Contract entered at Chennai, containing Arbitratrion clause with seat of arbitration agreed to be at Chennai. No agreement with respect to court jurisdiction. Section 9 application filed at Bangalore as the immoveable property is situated within jurisdiction of Bangalore, is it maintainable at Bangalore court ?
In case of award to be passed at Chennai, Section 34 appeal can be filed only at cheenai or at Bangalore ?
In this background, for both section 9 and 34 of the act, which is the court has jurisdiction ? Any citation in support of the said opinion ?
prabhakar singh
(Expert) 26 June 2011
is it maintainable at Bangalore court ?
i think it is.
at cheenai or at Bangalore ?
i think at any of 2
Devajyoti Barman
(Expert) 26 June 2011
You could raise the issue of jurisdiction before the arbitrator himself. Bangalore seems to lack jurisdiction.
Appeal u/s 34 lies only in the court under whose jurisdiction the arbitral award is passed.
Advocate. Arunagiri
(Expert) 26 June 2011
If the appeal is against the arbitration award, that will lie in Chennai.
If the case is on the immovable property that will lie in Bangalore.
