Mere submission to exclusive jurisdiction of foreign court does not bar Indian courts u/s 9 Arbitration Act: Delhi High Court

A detailed judgement on the issue was passed by a Single Judge Bench of Justice C Hari Shankar.
Delhi High Court
Delhi High Court

The Delhi High Court has held that the parties' mere submission to the exclusive jurisdiction of a foreign court in an arbitration agreement does not take away the jurisdiction of Indian courts under Section 9 of the Arbitration and Conciliation Act in view of the proviso to Section 2(2). (Big Charter Pvt Ltd vs Ezen Aviation Pty Ltd)

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