PART I ARBITRATION · CHAPTER X · Miscellaneous

Section 42: Jurisdiction

The Arbitration and Conciliation Act, 1996

Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force, where with respect to an arbitration agreement any application under this Part has been made in a Court, that Court alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of that agreement and the arbitral proceedings shall be made in that Court and in no other Court.

Leading cases

BGS SGS Soma JV v. NHPC Ltd. (2019)Designating a seat of arbitration works as an exclusive jurisdiction clause for the courts at the seat; an order returning a Section 34 petition is not appealable under Section 37; New Delhi was held to be the seat.

Practise questions on Arbitration and Conciliation Act, 1996