Exclusive jurisdiction under arbitration law follows the first court approached, barring later proceedings in another High Court.

Section 42 of the Arbitration and Conciliation Act, 1996 confers exclusive jurisdiction on the first court approached in relation to an arbitration agreement. Where a Section 9 application had already been filed before one court, a later Section 11(6) request could not be entertained by another High Court. Consent or non-objection by the opposite party could not cure the want of jurisdiction. The later appointment order was therefore set aside as not maintainable before the Orissa High Court, and the party was left free to approach the competent court first seized of the matter.

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Issues: (i) Whether, after an application under Section 9 of the Arbitration and Conciliation Act, 1996 had already been made before one court, a later application under Section 11(6) of the same Act could be entertained by another High Court.

Issue (i): Whether, after an application under Section 9 of the Arbitration and Conciliation Act, 1996 had already been made before one court, a later application under Section 11(6) of the same Act could be entertained by another High Court.

Analysis: Section 42 creates a statutory rule of exclusive jurisdiction. Once an application with respect to an arbitration agreement is made in a court, that court alone retains jurisdiction over the arbitral proceedings and all subsequent applications arising out of that agreement. The prior Section 9 proceeding at Visakhapatnam therefore fixed the forum for later applications. The fact that the opposite party did not oppose appointment of an arbitrator could not confer jurisdiction on a court that otherwise lacked it.

Conclusion: The later Section 11(6) application was not maintainable before the Orissa High Court, and jurisdiction lay only before the competent court first approached under the Act.

Final Conclusion: The order appointing the arbitrator was set aside for want of jurisdiction, and the applicant was left free to approach the competent High Court.

Ratio Decidendi: Under Section 42 of the Arbitration and Conciliation Act, 1996, the first court approached in relation to an arbitration agreement acquires exclusive jurisdiction over all subsequent applications arising out of that agreement.

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