Jurisdiction of courts
kandukuri
(Querist) 02 December 2013
This query is : Resolved
when two companies are under a business agreement and having their business places at hyderabad and banglore. does the Delhi courts of have Jurisdiction in case of any dispute betwwen these two companies to hear and disposs?
Devajyoti Barman
(Expert) 02 December 2013
Yes if part of cause of action arises there. The location of office does not determine jurisdiction, it is the place of occurrence or cause of action which determines it.
kandukuri
(Querist) 02 December 2013
Sir, then what about in case of Arbitration? are the parties at liberty to decide the Arbitration place irrespective of Cause of action?
Rajendra K Goyal
(Expert) 02 December 2013
Arbitration clause of the agreement need to be referred.
Devajyoti Barman
(Expert) 03 December 2013
Yes but as per clause of arbitration only if it fixes a palace of arbitration.
Arbitration and Conciliation Act also makes it clear.