Black Ace Chambers

Dual jurisdiction in Arbitration Proceedings, Arbitral Award, Balco judgment

Panvel & Anr. v Atlanta Limited and  Bharat Aluminium Company vs. Kaiser Aluminium (Balco Judgment).

Interpretation: the Arbitral awrad can be challenged under Supervisory Jurisdiction as well as Under Section 20 of CPC, where subject matter of the suit is situated. District Court would be the first court of recourse and would aptly exercise jurisdiction except where the High Court ordinary original civil side jurisdiction will have primacy to hear the petition. For example if jurisdictional clause in an agreement consisting  jurisdiction of the courts of two states A and B and one of the parties due to some dispute arising out of the agreement goes for the appointment of arbitrator in the state A and after appointment arbitrator passes award against the other party who is situated in the other state B, which is also the other state mentioned in the jurisdictional clause, the Arbitral award can be challenged by the other party in the other state B.

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