Arbitration and Conciliation Act, 1996 Section 34 - Jurisdiction – Agreement provided - “The parties hereto agree to submit to the exclusive jurisdiction of the courts in Mumbai in Maharashtra (India).” - Once courts in Mumbai have exclusive jurisdiction it is clear that it is the Mumbai courts and the Mumbai courts alone, before which a Section 34 application can be filed - The arbitration that was conducted at Delhi was only at a convenient venue earmarked by the National Stock Exchange, will not create jurisdiction.(2018)2 SCeJ 1404
Arbitration and Conciliation Act, 1996 Section 34 - Framing of issues and leading of oral evidence - Speedy resolution of arbitral disputes has been the reason for enacting the 1996 Act, and continues to be the reason for adding amendments to the said Act to strengthen the aforesaid object - Quite obviously, if issues are to be framed and oral evidence taken in a summary proceeding under Section 34, this object will be defeated - It is also on the cards that if Bill No.100 of 2018 is passed, then evidence at the stage of a Section 34 application will be dispensed with altogether – We clarify the legal position by stating that an application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before the Arbitrator - However, if there are matters not contained in such record, and are relevant to the determination of issues arising under Section 34(2)(a), they may be brought to the notice of the Court by way of affidavits filed by both parties - Cross-examination of persons swearing to the affidavits should not be allowed unless absolutely necessary, as the truth will emerge on a reading of the affidavits filed by both parties. (2018)2 SCeJ 1404
Arbitration and Conciliation Act, 1996 Section 34 - Jurisdiction – Agreement provided - “The parties hereto agree to submit to the exclusive jurisdiction of the courts in Mumbai in Maharashtra (India).” - Once courts in Mumbai have exclusive jurisdiction it is clear that it is the Mumbai courts and the Mumbai courts alone, before which a Section 34 application can be filed - The arbitration that was conducted at Delhi was only at a convenient venue earmarked by the National Stock Exchange, will not create jurisdiction.(2018)2 SCeJ 1404
Arbitration and Conciliation Act, 1996 Section 34 - Framing of issues and leading of oral evidence - Speedy resolution of arbitral disputes has been the reason for enacting the 1996 Act, and continues to be the reason for adding amendments to the said Act to strengthen the aforesaid object - Quite obviously, if issues are to be framed and oral evidence taken in a summary proceeding under Section 34, this object will be defeated - It is also on the cards that if Bill No.100 of 2018 is passed, then evidence at the stage of a Section 34 application will be dispensed with altogether – We clarify the legal position by stating that an application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before the Arbitrator - However, if there are matters not contained in such record, and are relevant to the determination of issues arising under Section 34(2)(a), they may be brought to the notice of the Court by way of affidavits filed by both parties - Cross-examination of persons swearing to the affidavits should not be allowed unless absolutely necessary, as the truth will emerge on a reading of the affidavits filed by both parties. (2018)2 SCeJ 1404