• COURTDelhi High Court
• TITLE/CORAM HUNCH CIRCLES PRIVATE LIMITED v. FUTURETIMES TECHNOLOGY INDIA PVT LTD. HMJ C. Hari Shankar
  Arb.P 1019/2021

The High Court of Delhi has given primacy to an exclusive jurisdiction clause over the seat clause in an arbitration agreement. The Court held that when a clause confers exclusive jurisdiction on a court other than the seat court, then only the court on which exclusive jurisdiction is conferred shall decide all the applications arising out of the arbitration agreement. The petitioner filed an application under Section 11 of the A&C Act before the High Court of Delhi on the premise that the seat of arbitration is in New Delhi, therefore, only the Courts in New Delhi shall have the exclusive jurisdiction over the arbitration proceedings.