Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Intent Of S.11(6) Of Arbitration Act Is Not To Confer Jurisdiction On Courts Incompetent To Entertain Such Applications: Delhi High Court
The Delhi High Court has limited the jurisdiction of courts under Section 11(6) of the Arbitration and Conciliation Act, 1996, which pertains to the appointment of arbitrators. The court ruled that judicial authorities cannot entertain petitions for the appointment of arbitrators if they lack the territorial competence over the dispute. This decision clarifies that the principle of territorial jurisdiction applies strictly to applications made under Section 11(6), meaning that such petitions must be filed before a court that has proper geographical jurisdiction over the underlying arbitration agreement or the subject matter of the dispute, ensuring procedural correctness in arbitration appointments.