Parties.‖
7. Thus, the above arbitration clause made it clear that the seat of arbitration
would be at New Delhi in India. Significantly, there ... example, if the
arbitration is held in Delhi, where neither of the parties are from
Delhi, (Delhi having been chosen as a neutral place
court where the venue of the
arbitration exists. Therefore merely because the venue of
arbitration is in Delhi, this Court would not have
territorial jurisdiction ... hold the arbitration proceedings at a particular venue, which is not the seat
of arbitration, the court where the arbitration proceedings are held, would
entered into in New Delhi, OBL has chosen
to have the arbitration in Delhi. Reliance is inter alia placed on the decision
of the Supreme ... Delhi as far as the
place of arbitration is concerned. Where the arbitration takes place in Delhi,
then the Courts in Delhi would have
arbitration shall be
governed by the Arbitration and Conciliation Act, 1996 . The
seat or legal place of arbitration shall be New Delhi. The
language ... jurisdiction. From the arbitration clause as well as
exclusive jurisdiction clause what is clear is that the seat of arbitration is
Delhi and the parties
example, if the arbitration is held
in Delhi, where neither of the parties are from Delhi, (Delhi having
been chosen as a neutral place ... distinction between „seat of
arbitration‟ and „venue of arbitration‟ and merely because the parties have
agreed to Delhi as the 'venue' of arbitration
International Arbitration Centre for appointment
of a Sole Arbitrator from their panel so that the arbitration
proceedings are conducted under the aegis of Delhi International ... Delhi High Court, New Delhi
to appoint an Arbitrator from their panel of Arbitrators.
11. The parties shall appear before the Coordinator, Delhi
International Arbitration
which, by
Arbitration subject to the provisions of the
Arbitration & Conciliation Act, 1996 . The venue of
the Arbitration shall be Delhi. All disputes shall ... Centre, Delhi High
ARB. PET.496 /2017 Page 2 of 3
Court and the proceedings be conducted under the aegis of Delhi
International Arbitration Centre
example, if the arbitration is held in Delhi, where neither of the parties
are from Delhi, (Delhi having been chosen as a neutral place ... performed either at Mumbai or at Kolkata, and only arbitration is to take
place in Delhi. In such circumstances, both the courts would have
jurisdiction
arbitration.
c. All disputes which cannot be settled by mutual
negotiation shall be referred to and determined
by arbitration as per the Arbitration and
Conciliation ... referred to sole
arbitration of the Managing Director of Buyer
or his nominee. Venue of arbitration shall be
Delhi, and the arbitration shall be conducted
Navin Chawla
Bench: Navin Chawla
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 444/2017
Date of decision: 23rd November ... disputes are to be adjudicated without reference to the
arbitration, Courts at Delhi would have exclusive jurisdiction,
however, where they have to be resolved through