Jurisdiction of court in arbitration matter
Alok saxena
(Querist) 25 February 2015
This query is : Resolved
One business agreement was executed in Noida consisting of arbitration clause. When dispute arouse, the OP filed Arbitration case before Arbitrator who conducted one meeting in Delhi and remaining meetings in Noida for proceedings of the case. Thereafter, Arbitrator passed award at New Delhi engrossed upon the Non Judicial Stamp of Delhi.
Now, I have moved one application in the Court at Noida for setting aside the award under Sec. 34 of the Arbitration Act. Court asked to dismiss the application as the Award was passed in New Delhi and only the Courts at Delhi have the jurisdiction to set aside the award.
What is the correct legal position and is there any case law in support of our contention.
Advocate Kappil Cchandna
(Expert) 26 February 2015
Dear,
What were the terms of the agreement regarding the arbitration first thing which is to be seen.
Kapil Chandna Adv 9899011450
R.K Nanda
(Expert) 26 February 2015
all depends on place of arbitration proceedings as per arbitration agreement.
Rajendra K Goyal
(Expert) 26 February 2015
All the documents need to be seen, consult local lawyer.
Guest
(Expert) 26 February 2015
Simple, the event of award having happened in Delhi State jurisdiction, any court of UP cannot interfere in the matter. You may file your application in the competent court of Delhi only.
ajay sethi
(Expert) 26 February 2015
with draw application noida and file application in delhi for setting aside award
Advocate Bhartesh goyal
(Expert) 26 February 2015
Agree with Mr Sethi.limitation to file objections against Award is90 days from the receipt of copy of Award.
Dr J C Vashista
(Expert) 27 February 2015
I agree with expert advise of Mr. PS Dhingra, if the arbitral award has been passed and made Court order in Delhi it has to be challenged in Delhi Court only.
T. Kalaiselvan, Advocate
(Expert) 02 March 2015
To prefer an appeal or to set aside the award, the jurisdictional court may be approached, I agree with the experts' opinions.
