Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC

The Gujarat High Court has ruled that the jurisdiction of courts under Section 34 of the Arbitration and Conciliation Act concerning challenges against awards made under Section 18(4) of the MSMED Act can be determined by the parties’ agreement. The court clarified that any agreement between the parties on the forum for such challenges would supersede general jurisdictional rules. This decision reinforces the principle that parties can mutually decide on the appropriate forum to address disputes arising from arbitration awards and MSMED Act claims, rather than defaulting to a court's jurisdiction based on territorial or other statutory mandates. The ruling emphasizes the freedom of contract and party autonomy in dispute resolution.