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CS Professional · Arbitration, Mediation and Conciliation · Commercial Transactions

Meera Constructions Ltd and Patel Infra Ltd, both Indian companies, have a commercial dispute of Specified Value under an arbitration seated in a district where a Commercial Court has been constituted. An application under the Act would ordinarily lie before the principal civil court of original jurisdiction in that district (not a High Court). Where must it be filed under section 10 of the Commercial Courts Act, 2015?

It must be filed before the Commercial Court exercising territorial jurisdiction over the arbitration. For a domestic arbitration of Specified Value where the application would ordinarily go to the principal civil court, section 10(3) routes it to the Commercial Court where one is constituted.

  1. ABefore the Commercial Division of the High Court
  2. BBefore the Commercial Court exercising territorial jurisdiction over the arbitrationCorrect
  3. CBefore a Court of Small Causes
  4. DBefore any civil court of a grade inferior to the principal civil court

Explanation

Section 10(3) states that for non-international commercial arbitration, applications that would ordinarily lie before the principal civil court of original jurisdiction in a district shall be filed in the Commercial Court having territorial jurisdiction over the arbitration where constituted. Option A applies to High Court original side matters.

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