BBR (INDIA) PRIVATE LIMITED versus S.P. SINGLA CONSTRUCTIONS PRIVATE LIMITED

BBR (INDIA) PRIVATE LIMITED versus S.P. SINGLA CONSTRUCTIONS PRIVATE LIMITED

Where the arbitral tribunal had fixed Panchkula as the place of arbitration under Section 20(2) before any party approached a court, that place is the jurisdictional seat and remains fixed; subsequent hearings or an award made at a different venue (Delhi) following appointment of a new arbitrator do not change the seat, and therefore courts in Delhi lack jurisdiction; appeals dismissed.

Parties
Appellant: BBR (India) Private Limited; Respondent: S.P. Singla Constructions Private Limited
Jurisdiction
India
Judgment Date
18 May 2022
Procedural Posture
Civil Appeal / Appeal (judgment on Appeal)
Outcome
Appeals dismissed
Legal Topics
Seat of Arbitration, Venue of Arbitration, Jurisdiction, Section 20 Arbitration and Conciliation Act, 1996, Section 42 Arbitration and Conciliation Act, Section 34 Arbitration and Conciliation Act
Arbitration Seat of Arbitration Venue of Arbitration Jurisdiction Section 20 Arbitration and Conciliation Act, 1996 Section 42 Arbitration and Conciliation Act, 1996 Section 34 Arbitration and Conciliation Act, 1996

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Parties

BBR (India) Private Limited

Appellant

S.P. Singla Constructions Private Limited

Respondent

Procedural Posture

Civil Appeal / Appeal (judgment on Appeal)

Legal Issues

  1. 1 Whether conducting arbitration proceedings at a new place upon appointment of a new arbitrator shifts the jurisdictional seat of arbitration fixed earlier by the arbitral tribunal under Section 20(2)
  2. 2 Whether Section 42 of the Act gives the court where an earlier application was filed exclusive jurisdiction in the present facts

Ratio Decidendi

Where the arbitral tribunal had fixed Panchkula as the place of arbitration under Section 20(2) before any party approached a court, that place is the jurisdictional seat and remains fixed; subsequent hearings or an award made at a different venue (Delhi) following appointment of a new arbitrator do not change the seat, and therefore courts in Delhi lack jurisdiction; appeals dismissed.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed without any order as to costs