VidhiSangh

Supreme Court of India · 13/04/2021

M/S. INOX RENEWABLES LTD. versus JAYESH ELECTRICALS LTD.

[2021] 4 S.C.R. 376 · 2021 INSC 251

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Summary

The parties’ mutually agreed shift of arbitration from Jaipur to Ahmedabad, recorded in the unchallenged award, changed the juridical seat rather than merely the hearing venue. Ahmedabad courts consequently acquired exclusive supervisory jurisdiction over the section 34 challenge. The Rajasthan jurisdiction stipulation depended on Jaipur being the seat. The Court distinguished a contract requiring amendments by a signed written instrument and transferred the deposit while continuing the conditional execution stay.

Issues

  1. Whether the mutually agreed change to Ahmedabad changed the arbitral seat and the competent court for the section 34 challenge.

Provisions considered

Held

Result

Impugned judgment set aside; parties referred to Ahmedabad courts for the section 34 petition, with deposit transferred and execution stay continued subject to variation there. Appeal disposed of.

Judgment PDF: Supreme Court of India, [2021] 4 S.C.R. 376.