In Brief
Emkay Global, a registered broker, sought to set aside an arbitral award in its favour by invoking an exclusive jurisdiction clause. The dispute involved securities transactions between Emkay and its client Sondhi. Although arbitration was seated in Delhi, the agreement granted exclusive jurisdiction to Mumbai courts. The High Court had remanded for a full trial on jurisdiction. The Supreme Court held that once an exclusive jurisdiction clause designates a seat, that court alone has jurisdiction over Section 34 applications. Such applications are summary proceedings requiring only the arbitral record and affidavits; framing issues and oral evidence are unnecessary unless absolutely essential, to preserve arbitration's speed and efficiency.
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