As of 7 November 2026, two Indian private companies transact in Delhi but expressly designate Mumbai as…
Designation of Mumbai as the juridical seat gives the competent courts at Mumbai exclusive supervisory jurisdiction over the arbitration. A mere hearing venue would require…
Choose your answer
As of 7 November 2026, two Indian private companies transact in Delhi but expressly designate Mumbai as the juridical seat of their arbitration. A retired Bombay High Court judge makes the award there. During arbitration the claimant shifts its registered office to Mumbai. No earlier application attracts section 42 of the Arbitration and Conciliation Act, 1996. Where must an application to set aside the award under section 34 be brought?
Answer and explanation
Correct answer A
Designation of Mumbai as the juridical seat gives the competent courts at Mumbai exclusive supervisory jurisdiction over the arbitration. A mere hearing venue would require a different inquiry. Shifting the claimant’s registered office, the place of pronouncement alone, and the arbitrator’s former judicial office do not determine that jurisdiction.
See sections 2(1)(e), 20 and 34 of the Arbitration and Conciliation Act, 1996 and Indus Mobile Distribution (P) Ltd. v Datawind Innovations (P) Ltd., (2017) 7 SCC 678.
Option feedback
Option A
The designated juridical seat makes Mumbai the exclusive supervisory forum.
Option B
Delhi cause-of-action connections do not displace the expressly designated Mumbai seat.
Option C
The seat rule does not confer concurrent supervisory jurisdiction on both places.
Option D
An arbitrator’s former High Court affiliation supplies no transfer or return rule.
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