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Supreme Court of India 2020-03-04 allowed

HINDUSTAN CONSTRUCTION COMPANY LTD vs NHPC LTD

Bench: 3 — Rohinton Fali Nariman, S. Ravindra Bhat, V. Ramasubramanian

In Brief

Hindustan Construction Company challenged a Faridabad court order entertaining arbitration-related applications, when the parties' agreement designated New Delhi as the seat of arbitration. The Supreme Court held that once a seat is designated in an arbitration agreement, only the courts at that designated seat have exclusive jurisdiction over all applications under the Arbitration Act, 1996—including challenges to awards under Section 34 and Section 36 applications. Courts at other locations lack jurisdiction, even if they handle the first application or part of the cause of action arises there. The Court transferred pending applications to Delhi High Court and rejected contrary positions taken by earlier decisions."

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Arbitration Law Jurisdiction Civil Procedure Seat of Arbitration Exclusive Jurisdiction

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