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Supreme Court of India 2020-03-04 disposed

Hindustan Construction Company Ltd vs NHPC Ltd. & Anr

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

In this dispute over jurisdiction to challenge an arbitral award, the Supreme Court held that the seat of arbitration designated by parties creates an exclusive jurisdiction clause. Only courts at that designated seat have authority to hear applications under Section 42 of the Arbitration Act, 1996, challenging awards. Any application filed in another court lacks jurisdiction and must be transferred to the proper court. The Court rejected objections based on delay or time limits, affirming that jurisdictional defects cannot be waived. The appeal was disposed and the application was transferred accordingly.

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Arbitration Jurisdiction Seat of Arbitration Challenge to Award Arbitration Act 1996

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