Seat Is Not The Centre Of Gravity- Arbitration And Conciliation Act, 1996

The term "subject matter of arbitration" cannot be confused with "subject matter of suit". The term "subject matter" in Section 2(1) (e) is confined to Part-I of the Arbitration and Conciliation Act, 1996 (herein after referred to as "Indian Arbitration Act"). It has a reference and connection with the process of dispute resolution. Its purpose is to identify the courts having supervisory control over the arbitration proceedings. Hence, it refers to a court which would essentially be a court of the seat of the arbitration process.

Section 2(1) (e) of the Indian Arbitration Act provides for the definition of the term "Court"-

(e) "Court" means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil