ELP Arbitration Weekly Update – Dwarika Projects Ltd. v Superintending Engineers

This week, we bring to you the decision of the Delhi High Court in Dwarika Projects Ltd. v. Superintending Engineer, Karnal, PWD, (B&R), Haryana. Dwarika Projects Ltd. (“Petitioner”) and Superintending Engineer, Karnal, PWD (“Respondent”) were both aggrieved by the arbitration award passed by majority members of the arbitral tribunal. In the circumstances, the Petitioner filed an application dated 15 September 2017 under section 34 (“Application I”) of the Arbitration and Conciliation Act, 1996 (“the Act”), before the Delhi High Court to set aside the Award. Further, the Respondent filed an application (“Application II”) under section 34 of the Act, before the Additional District Judge, Karnal, State of Haryana, to set aside the Award. On 14 October 2017, the Respondent issued notice of Application II to the Petitioner. The arbitration agreement between the parties was silent on the seat, the place, or the venue of arbitration. Nonetheless, the venue of arbitration was fixed by the arbitral tribunal at Chandigarh, and subsequently at Delhi. In the proceedings before the Delhi High Court in Application I, the Respondent challenged the maintainability of Application I for want of territorial jurisdiction. Hence, the question which arose for consideration was whether New Delhi was the seat of arbitration. The detailed update is provided .

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