Section 34 of Arbitration Act
Merely because arbitrator was appointed by Orissa HC is no ground for Ranchi Court to not have jurisdiction: Jharkhand HC sets aside order dismissing S.34 arbitration application
The intention of both the parties where to go for arbitration, is at Ranchi and the proceeding after permission of the High Court was also conducted at Ranchi and in the agreement, the seat is also said to be at Ranchi. Thus, Ranchi court is having jurisdiction.
Arbitral Award treated as deemed decree; Execution can be initiated anywhere such decree can be executed: Allahabad HC
Allahabad High Court reiterated that Arbitration Act transcends all territorial barriers.
‘Section 34 of Arbitration Act cannot be used as tool for reappreciation of facts’: Delhi HC
“Section 34, quite apart from its classically limited scope, is certainly not intended to be used as a tool for a litigant to desist from participating in the arbitral proceedings, despite being fully aware thereof, and, thereafter, seek a second bite at the arbitral cherry.”
