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ARTICLE · 06 JUNE 2019

Arbitration Seat Court Has Jurisdiction To Execute Arbitration Award

The Bombay High Court in a recent judgment considered whether a Court, within whose jurisdiction arbitration takes place, which also has supervisory jurisdiction over arbitration, can entertain application for ...

IndiaLitigation, Mediation & Arbitration

The Bombay High Court in a recent judgment considered whether a Court1, within whose jurisdiction arbitration takes place, which also has supervisory jurisdiction over arbitration ("Arbitral Court"), can entertain application for execution of arbitral award, even if the award debtor or assets are situated out side its jurisdiction.

Justice G.S Patel was considering a group of 3 separate execution applications2, which were clubbed together because seat of arbitration in all three of them was in Mumbai giving courts in Mumbai supervisory jurisdiction over arbitration, whereas the assets of the respondents (award debtors) were situated outside Mumbai.

Supervisory Jurisdiction Vs Territorial Jurisdiction

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