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april 2017

Supreme Court of India · 2017-04-19

Indus Mobile Distribution Pvt. Ltd vs Datawind Innovations Pvt. Ltd. And Ors

Citation / case number
AIR 2017 SUPREME COURT 2105
Court
Supreme Court of India
Petitioner
Indus Mobile Distribution Pvt. Ltd
Respondent
Datawind Innovations Pvt. Ltd. And Ors
Author
R.F. Nariman
Bench
R.F. Nariman, Pinaki Chandra Ghose

Judgment text excerpt

The Supreme Court addressed the issue of jurisdiction in arbitration agreements, specifically whether an exclusive jurisdiction clause for Mumbai courts excludes the jurisdiction of other courts, including the High Court of Delhi. The Court held that the exclusive jurisdiction clause does not oust the jurisdiction of the Delhi High Court, as the seat of arbitration being in Mumbai does not negate the jurisdiction of courts where parties are located or where the cause of action arises. The judgment clarified the interpretation of arbitration clauses under the Arbitration and Conciliation Act, 1996, particularly Sections 2(1)(e) and 9.

Indus Mobile Distribution Pvt. Ltd vs Datawind Innovations Pvt. Ltd. And Ors · Niyam