Exclusive Jurisdiction Clause Prevails Over Arbitrator's Procedural Order In Determining 'Seat' Of Arbitration: Delhi High Court

The Delhi High Court has ruled that an exclusive jurisdiction clause prevails over an arbitrator's procedural order in determining the seat of arbitration. This significant decision clarifies the hierarchy of contractual terms, particularly concerning dispute resolution. If parties have explicitly agreed on an exclusive jurisdiction for arbitration in their contract, that clause generally takes precedence over procedural decisions made by an arbitrator regarding the seat (geographical location) of the arbitration. This ruling reinforces party autonomy and the importance of clearly drafted exclusive jurisdiction clauses in commercial agreements.