Activitas Management Advisory Private Limited v. Mind Plus Healthcare Private Limited
“8. Though clause 10 does not use the expression ‘seat’or ‘venue’, we are of the opinion that the ‘jurisdiction’ is mentioned in the contextof resolution of the disputes through arbitration andas such the agreement between the parties that, “client hereby submits to the exclusive jurisdiction of the Mumbai High Courts located in Mumbai” must be understood in the context of arbitration and therefore the seat of the arbitration must be taken to be Mumbai.
10. In view of the above, we allow the appeal, set aside the judgment and order passed by the High Court in ARB-130-2024 dated 27.09.2024. The appellant will be entitled to pursue his application under Section 11 of the Arbitration and Conciliation Act and the respondent is equally entitled to contest the said application on such grounds as may be available to it in law.”
— Team AMLEGALS
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