Where Should You Sue? Busting Myths About Jurisdictional Clauses In Commercial Contracts

A recent judgement of the Hon'ble High Court of Delhi passed on 3rd March 2023 [Manmohan Kapani v. Kapani Resorts Pvt. Ltd. and Ors.] denotes the continuing conundrum about the ambiguities associated with determining the court wherein an application under the Arbitration and Conciliation Act, 1996, ("Arbitration Act") ought to be preferred. The Hon'ble High Court did not particularly settle the res integra in the said judgement of Manmohan Kapani, rather placed reliance upon certain recently passed judgements which have settled the law on this subject. However, given the complexities associated with modern day contracts as well as the multifarious forms of commercial and corporate litigations, it becomes essential to revisit the relevant principles and settle the air once and for all.