referred to and fnally resolved by arbitration under the
Arbitration & Conciliation Act, 1996 .
20.4.2 The arbitration shall be conducted as follows:
(a) The parties ... case where the arbitration agreement provided that the
arbitration proceedings shall be held at New Delhi/Faridabad. The arbitration
KPD/Nitin/SSP 16 / 45 COMAPL
exclusive jurisdiction clause, and both clauses conferred
jurisdiction on the same court, and (iv) the contract contained a seat of
arbitration clause and an exclusive ... arbitration agreement is found to have seat of arbitration
outside India, then the Indian courts cannot exercise
supervisory jurisdiction over the award or pass interim
case of an arbitration other than international commercial
arbitration, the principal Civil Court of original jurisdiction in a
district, and includes the High Court ... ordinary
original civil jurisdiction, having jurisdiction to decide the questions
forming the subject-matter of the arbitration if the same had been
the subject-matter
jurisdiction dispensation) operated to oust the jurisdiction of the
District Judge, Raipur, and conferred exclusive jurisdiction, to
entertain all petitions relating to the arbitration ... separate exclusive jurisdiction clause, conferring
exclusive jurisdiction on courts other than the court having jurisdiction
over the contractual seat of arbitration, exists
arbitration proceedings. Significance of the seat of arbitration
is that it determines the applicable law when deciding the
arbitration proceedings and arbitration procedure as well ... arbitration law of the seat of arbitration even if, the arbitration
agreement provides that the Act of 1996 shall govern the arbitration
proceedings
clause titled as "Arbitration and Jurisdiction". The 'Governing
Law and Jurisdiction' as also the Arbitration and Jurisdiction clauses are
required ... Courts at Mumbai will not have jurisdiction and the Courts at Delhi will
have jurisdiction considering the arbitration agreement where the
parties have decided
referred to the arbitration. The arbitration shall be subject to
UAE Arbitration and Conciliation rules made there under. The
venue of arbitration shall be Dubai ... referred to arbitration. The arbitration
shall be subject to UAE Arbitration and conciliation rules made
there under. The venue of arbitration shall be Dubai
ordinary
original civil jurisdiction, having jurisdiction to decide the
questions forming the subject-matter of the arbitration if the same
had been the subject-matter ... arbitration outside
India, then the provision that the Arbitration Act, 1996 would
govern the arbitration proceedings, would not make Part I of the
Arbitration
ordinary
original civil jurisdiction, having
jurisdiction to decide the questions
forming the subject-matter of the
arbitration if the same had been the
subject-matter ... body of rules governing the
arbitration and therefore, the subject-
matter of the Arbitration would govern the
territorial jurisdiction as held by the
Bombay High
dealing with
arbitration. Clause 31 was a provision dealing only in arbitration and
would apply in relation to arbitration proceedings. As the arbitration
proceedings ... place of arbitration in an arbitration clause as being
the "venue" of the arbitration proceedings, the expression
"arbitration proceedings" would make
