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CS Professional · Arbitration, Mediation and Conciliation · Commercial Transactions

Under the Arbitration and Conciliation Act, 1996, which forum is the 'Court' for an application arising out of an international commercial arbitration, as defined in section 2(1)(e)(ii)?

For an international commercial arbitration, the Court is the High Court: the one exercising ordinary original civil jurisdiction over the subject-matter if it were a suit, and otherwise a High Court that hears appeals from subordinate courts. The district court is the Court only for domestic arbitrations.

  1. AThe principal Civil Court of original jurisdiction in a district
  2. BThe High Court exercising its ordinary original civil jurisdiction having jurisdiction over the subject-matter if it were a suit, and in other cases a High Court with appellate jurisdiction over subordinate courtsCorrect
  3. CAny Court of Small Causes
  4. DA Civil Court of a grade inferior to the principal Civil Court

Explanation

Section 2(1)(e)(ii) makes the Court in an international commercial arbitration the High Court, either exercising ordinary original civil jurisdiction, or in other cases a High Court having jurisdiction to hear appeals from subordinate courts. The district court is the Court only for non-international arbitrations under clause (i), and lower grades and Small Causes Courts are expressly excluded there.

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