Jurisdiction of arbitration award set aside of section 34
Querist :
Anonymous
(Querist) 13 December 2021
This query is : Resolved
I am appellate from Hubli in Karnataka in a matter of arbitration proceedings held at Chennai, by the sole arbitrator as appointed madras high court. Award of the arbitration is now challenged at Hubli. Our contagion is that the arbitration suit is maintainable at Hubli as the cause of action has arisen. Another side contention is that the arbitrator seat is at Chennai thus suit is to be filed at Chennai.
Advocate Bhartesh goyal
(Expert) 14 December 2021
Contention of opposite party is right.Arbitration proceedings held at Chennai ( seat of arbitrator ) so Award can be challenged at Chennai Court only.It is irrelevant here that cause of action arose at Hubli so Hubli Court has only jurisdiction to try objections, since Madras High Court had appointed Arbitrator so Now jurisdiction can not be challenged.
Dr J C Vashista
(Expert) 16 December 2021
I fully agree with expert Mr. Bhartesh Goyal, only Madras High Court has the jurisdiction.
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