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2017 (7) TMI 1093 - SC - Indian LawsTerritorial Jurisdiction - seat of arbitration and venue of arbitration - Held that: - there cannot be any trace of doubt that any filing of an application by the Appellant in the courts in India can clothe such courts with jurisdiction unless the law vests the same in them - It is worthy to note that the arbitration agreement is not silent as to what law and procedure is to be followed - As in the instant case, the agreement in question has been interpreted and it has been held that London is not mentioned as the mere location but the courts in London will have the jurisdiction, another interpretative perception as projected by the learned senior Counsel is unacceptable. Since a construction of Section 9(b) of the Foreign Awards Act led to the aforesaid situation and led to the doctrine of concurrent jurisdiction, the 1996 Act, while enacting Section 9(a) of the repealed Foreign Awards Act, 1961, in Section 51 thereof, was careful enough to omit Section 9(b) of the 1961 Act which, as stated hereinabove, excluded the Foreign Awards Act from applying to any award made on arbitration agreements governed by the law of India. The courts in India have jurisdiction, and has also determined that Gautam Budh Nagar has no jurisdiction and the petition Under Section 34 has to be filed before the Delhi High Court. Once the courts in India have no jurisdiction, the aforesaid conclusions are to be nullified and we so do. Appeal allowed - decided in favor of appellant.
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