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CS Professional · Arbitration, Mediation and Conciliation · Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges

An investor, Ms. Deepa Nair, and a trading member agree that the place of arbitration is Kochi, and both are Indian. A dispute arises and an application is to be made to the 'Court' as defined in the Act. Which is the correct meaning of 'Court' for this arbitration?

For a domestic arbitration the Court is the principal Civil Court of original jurisdiction in a district, including a High Court exercising ordinary original civil jurisdiction, with jurisdiction over the subject-matter if it were a suit. Inferior courts and Courts of Small Causes are excluded.

  1. AThe High Court in exercise of its ordinary original civil jurisdiction, in every case
  2. BThe principal Civil Court of original jurisdiction in a district, which also includes the High Court in exercise of its ordinary original civil jurisdiction where it has such jurisdiction, having jurisdiction over the subject-matter if it were a suitCorrect
  3. CAny Civil Court including a Court of Small Causes
  4. DA High Court having jurisdiction to hear appeals from decrees of subordinate courts

Explanation

This is not an international commercial arbitration, so section 2(1)(e)(i) applies. 'Court' means the principal Civil Court of original jurisdiction in a district, including the High Court exercising ordinary original civil jurisdiction, with jurisdiction over the subject-matter as if it were a suit. It excludes inferior courts and Courts of Small Causes. The High Court meaning in the other options belongs to the international commercial arbitration definition.

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