https://www.taxtmi.com/caselaws?id=761407 A foreign arbitration clause designating Dubai, UAE as the venue, adopting UAE Arbitration and Conciliation rules, and being governed by UAE law was treated as having a foreign juridical seat. On that basis, Part I of the Arbitration and Conciliation Act, 1996 was held inapplicable, and Indian courts could not exercise Section 11 jurisdiction. Applying the venue-as-seat approach and the Shashoua principle, the Court found no contrary indicia to show Dubai was merely a hearing place; a non-exclusive jurisdiction reference to Dubai Courts did not alter the seat. The arbitration was therefore foreign-seated and outside Indian supervisory jurisdiction. en-us Thu, 07 Nov 2024 00:00:00 +0530 Fri, 08 Nov 2024 18:31:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761407 A foreign arbitration clause designating Dubai, UAE as the venue, adopting UAE Arbitration and Conciliation rules, and being governed by UAE law was treated as having a foreign juridical seat. On that basis, Part I of the Arbitration and Conciliation Act, 1996 was held inapplicable, and Indian courts could not exercise Section 11 jurisdiction. Applying the venue-as-seat approach and the Shashoua principle, the Court found no contrary indicia to show Dubai was merely a hearing place; a non-exclusive jurisdiction reference to Dubai Courts did not alter the seat. The arbitration was therefore foreign-seated and outside Indian supervisory jurisdiction. Case-Laws Indian Laws Thu, 07 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761407