G H QUIPPO CONSTRUCTION EQUIPMENT LIMITED versus JANARDAN NIRMAN PVT. LIMITED

G H QUIPPO CONSTRUCTION EQUIPMENT LIMITED versus JANARDAN NIRMAN PVT. LIMITED

Because the respondent failed to participate in the arbitral proceedings and did not raise any objection to the arbitrator's jurisdiction or to the conduct of proceedings (including venue) within the arbitral process, the respondent is deemed to have waived such objections under Section 4; the arbitration was a...

Source-derived case information.

Parties
Appellant: QUIPPO CONSTRUCTION EQUIPMENT LIMITED; Respondent: JANARDAN NIRMAN PVT. LIMITED
Jurisdiction
India
Judgment Date
29 April 2020
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; High Court judgment dated 14.02.2019 set aside and order of the Court at Alipore dated 13.08.2018 restored.
Legal Topics
Waiver of Objections Under Section 4, Competence/jurisdiction of Arbitral Tribunal Under Section 16, Place/seat of Arbitration Under Section 20, Setting Aside Arbitral Award Under Section 34, Institutional Appointment of Arbitrator
Arbitration Civil Procedure Institutional Arbitration Waiver of Objections Under Section 4 Competence/jurisdiction of Arbitral Tribunal Under Section 16 Place/seat of Arbitration Under Section 20 Setting Aside Arbitral Award Under Section 34 Institutional Appointment of Arbitrator

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Parties

QUIPPO CONSTRUCTION EQUIPMENT LIMITED

Appellant

JANARDAN NIRMAN PVT. LIMITED

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the respondent waived objections to the jurisdiction and venue of the arbitral tribunal by failing to participate and not raising objections during arbitral proceedings
  2. 2 Whether differing venue/place clauses in multiple agreements precluded a common institutional arbitration and appointment by CIAA
  3. 3 Whether the place of arbitration specified in one agreement (Kolkata) rendered courts at Kolkata/Alipore exclusively competent to entertain a Section 34 petition

Ratio Decidendi

Because the respondent failed to participate in the arbitral proceedings and did not raise any objection to the arbitrator's jurisdiction or to the conduct of proceedings (including venue) within the arbitral process, the respondent is deemed to have waived such objections under Section 4; the arbitration was a domestic institutional arbitration with valid appointment by CIAC/CIAA and differing place clauses did not alter that waiver or mandate separate treatment here; therefore the High Court erred in setting aside the Alipore court's order and the Alipore order is restored.

Court Disposition

Appeal allowed; High Court judgment dated 14.02.2019 set aside and order of the Court at Alipore dated 13.08.2018 restored.

Orders

  • Judgment and order dated 14.02.2019 of the High Court at Calcutta set aside.
  • Order dated 13.08.2018 passed by the Court at Alipore in Miscellaneous Case No.298 of 2015 restored.