ELP Arbitration Weekly Update

This week, we have analyzed the Delhi High Court’s judgment in Antrix Corporation Limited v. Devas Multimedia Private Limited.

The Court distinguished the Supreme Court’s judgement in Indus Mobile Distribution Pvt. Ltd. v. Datawind Innovations Pvt. Ltd. and held that in cases where the seat is specified– which states that designating the seat of arbitration is akin to conferring exclusive jurisdiction on the courts located there. The Court held that only if parties agree that exclusive jurisdiction as well as the seat of arbitration will be a particular place, the Court of that place would have jurisdiction. If not, the court of the seat as well as the court where the cause of action arises will have jurisdiction.