Aman Morya (Mgt. Trainee) 27 July 2010
How can we judge the limit of juridiction of court.?? A Ltd in singapur entered into agtreement with B ltd in Madras. Now A ltd emphasis to have a jurisdiction of court in Delhi, In case of Arbitration the place of arbitration would be in Delhi. As A ltd hav a offce in Delhi. But there is no intrection between B ltd and A Ltd's office in delhi. Is it possible to entered this clause in the agreement.
S. Bharath (Advocate and Arbitrator Formerly Civil Judge) 27 July 2010
In an Arbitration Agreement, if the venue is specified, it is binding irrespective of the presence or absence of any of the parties' office at that venue or any interaction [as you said]. With respect to jurisdiction of civil courts, when more courts than one have jurisdiction [because of cause of action arising at different places], then parties may agree to confer jurisdiction on one of such courts, but they cannot by agreement confer jurisdiction on a court which does not have jurisdiction.
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