Venue of Arbitration

Arbitration shall be under Indian Arbitration and Conciliation Law, 1996 and the Venue of Arbitration shall be Bhubaneswar.”

Where the contract specifies the jurisdiction of the Court at a particular place, only such Court will have the jurisdiction to deal with the matter and parties intended to exclude all other Courts. In the present case, the parties have agreed that the ‘venue’ of Arbitration shall be at Bhubaneswar. Considering the agreement of the parties, the intention of the parties is to exclude all other Courts. As held in Swastik Gases (P) Ltd., (2013) 9 SCC 32 non-use of words like ‘exclusive jurisdiction’, ‘only’, ‘exclusive’, ‘alone’ is not decisive and does not make any material difference.

When the parties have agreed to have the ‘venue’ of Arbitration at Bhubaneswar, Madras High Court erred in assuming the jurisdiction under Section 11(6), since only Orissa High Court will have the jurisdiction to entertain the petition filed under Section 11(6).”

Hon’ble Justice R. Banumathi, Brahmani River Pellets Limited v. Kamachi Industries Limited, [Civil Appeal No. 5850 of 2019].