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

Two Indian parties, Veda Pharma Ltd (Hyderabad) and Nirmal Chemicals Ltd (Vadodara), have a domestic arbitration. Veda files an appointment application in the Telangana High Court on 5 May. Nirmal files a similar request in the Gujarat High Court on 8 May. Both courts have the principal civil court within their limits. Assuming the Telangana filing was the first request, and the High Court appoints an arbitrator, what is the position about challenging that decision?

The Telangana High Court, where the first request was made, alone is competent to decide. Its decision on appointment is final, and no appeal, including a Letters Patent Appeal, lies against it. The later request in Gujarat cannot be entertained.

  1. AThe Telangana High Court alone is competent, and no appeal including Letters Patent Appeal lies against its decisionCorrect
  2. BBoth High Courts are competent, and the later order prevails
  3. CThe Gujarat High Court is competent, and an appeal lies to a Division Bench
  4. DThe Telangana High Court decides, but a Letters Patent Appeal lies to a Division Bench

Explanation

Where more than one request is made to different High Courts, the High Court to which the request was first made alone is competent. A decision on the appointment is final, and no appeal including Letters Patent Appeal lies against it.

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