Case Name : BGS SGS Soma JV vs NHPC Ltd Case Reference: (2019) 17 SCR 742 : (2020) 4 SCC 234 Neutral Citation: Case Number: CA 9307/2019 Court: Supreme Court Bench: 03 Coram: RF Nariman (Author), Aniruddha Bose, V Ramasubramanian Date: 10.12.2019
When does appeal under 37 lie against order in section 34
An order refusing to entertain a section 34 application for want of territorial jurisdiction cannot be challenged under section 37 (Para 14, 22) There is a distinction between judgments which set aside or refuse to set aside an arbitral award after the court applies its mind to the section 34 application and preliminary orders of condonation of delay which do not in any way impact the arbitral award that has been assailed (Para 19)
On Seat
Whenever there is an express designation of a “venue” and no designation of any alternative place as the “seat”, and no other significant contrary indicia, the stated venue is the juridical seat (Para 63) The designation of a place as “venue” of “arbitration proceedings” indicates that the “venue” is the “seat”; unless there is a significant contrary indicia Para 82 of SCC In international Arbitration, when a supranational body of rules is to govern the arbitration, this would be an indicia that the “venue” is the seat In domestic arbitration, when A&C Act, 1996 is stated to apply to the “venue”, it becomes the “seat” of arbitration
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Judgment name
See also: Section 2(1)(e) A&C Act, 1996 - Section 11 A&C Act, 1996 - Section 20 A&C Act, 1996 - Section 31 A&C Act, 1996 - Section 42