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CS Professional · Arbitration, Mediation and Conciliation · Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

Mehta Infra Ltd (Mumbai) and Orion Builders (Pune) have a valid arbitration agreement. Mehta files a Section 11 application in the Bombay High Court while Orion, a day later, files a request in the Delhi High Court for the same appointment. Both are domestic matters. Which court is competent to decide?

The Bombay High Court alone is competent, because the request was first made to it. When requests are made to different High Courts, the one approached first is the only court competent to decide the appointment request.

  1. AThe Delhi High Court, because Orion's request was more detailed
  2. BThe Bombay High Court, as the court to which the request was first madeCorrect
  3. CBoth courts jointly
  4. DThe Supreme Court, because two courts are involved

Explanation

Where more than one request is made to different High Courts, the High Court or its designate to which the request was first made alone is competent. Bombay was approached first, so only it can decide. The Supreme Court does not take over merely because of parallel filings in a domestic case.

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