[Lockdown] DHCBA organizes online seminar on Territorial jurisdiction in Arbitration

With the courts in the city remaining largely non-functional due to the nationwide lockdown, the Delhi High Court Bar Association on Thursday organized an online seminar for lawyers on "Territorial jurisdiction in Arbitration- Seat vs Venue: Unravelling the mystery of 'Place' that matters"..The Panel comprised Delhi High Court Judge, Justice Navin Chawla as the keynote speaker and Senior Advocate Sudhanshu Batra..Techincal support for the online seminar was provided by Khaitan & Co..DHCBA Hony. Secretary, Advocate Abhijat informed that the Bar Association intended to organize more of such online seminars in the coming days. .In his address, Justice Chawla discussed at length a series of judgments pronounced by the Supreme Court such as Bharat Aluminium Company vs. Kaiser Aluminium Technical Services Inc (2012), Indus Mobile Distribution Private Limited vs Datawind Innovations Private Limited (2017, BSG SGS Soma JV vs NHPC (2019) and Union of India vs Hardy Exploration (2018). .The Viewpoint: Seat of Arbitration vs Territorial Jurisdiction – Dichotomy Continues .25 Important Judgments on Arbitration in 2020.While attempting to answer as to which court would have the power to exercise supervisory jusrisdcition in arbitration law, Justice Chawla observed it was the seat of arbitration which would claim exclusive jurisdiction in case of domestic arbitration. .However, there could not be a one-size-fits-all approach for the determination of the seat, he added..Stating that there could not be straight jacket formula to determine the question, Justice Chawla remarked that the answered lied in the interpretaion of the agreement..He thus cautioned the draftsmen to not leave the determination of seat of arbitration for another day. .The draftsmen must clearly mention their intentions with respect to the seat of arbitration in the agreeement, Justice Chawala said. .Referring to the seat vs venue dispute, Justice Chawala remarked, "It is a litigating lawyer's delight and a drafting lawyer's nightmare.".At the outset of his address, Justice Chawla also appealed to the members of the Bar, especially the young members to have patience during the present crisis. .Focusing his address around Suprmee Court decisions, Senior Advocate Sudhanshu Batra discussed in detail the judgements passed by Supreme Court in Mankastu Impex Pvt Ltd vs Airvisual Ltd (2020), BSG SGS Soma JV vs NHPC (2019) and Union of India vs Hardy Exploration (2018) and others..Watch the complete video of the online Seminar by following the link below:.https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fattendee.gotowebinar.com%2Frecording%2F2810338932737355789&data=02%7C01%7Caseem.chaturvedi%40khaitanco.com%7Cd16da9691bf04b941d4408d7e2106dfd%7C4e30ff55ee3046c6a82703e4c3eac70c%7C0%7C0%7C637226432514684704&sdata=Ksnoc6%2FrjHXCcesKEyZ5YR6Smk%2BUy81sPR8f84cDQ%2Bc%3D&reserved=0