Friday, December 26, 2025

HC Examines the Effect of Arbitration and Conciliation Act, 1996 & Exclusion of Indian Courts

HC Examines the Effect of Arbitration and Conciliation Act, 1996 & Exclusion of Indian Courts

It has been held that when the seat of arbitration is outside India, the bar contained in Section 2(2) of the Arbitration and Conciliation Act, 1996 squarely applies and the jurisdiction of Indian courts is excluded, rendering Part I of the A&C Act inapplicable. On facts of this case, it was held that the dispute shall be governed by the arbitral proceedings in London as per the ICC Rules, Paris. 

[ DAMEPL v. Construcciones Y Auxiliar De Ferrocarriles [2025] GCtR 1888 (Delhi) ]

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