The court ruled that the arbitration clause of the agreement states that disputes are settled in Mumbai and therefore Mumbai has jurisdiction over it. If there are two courts competent to rule on a case, the exclusive jurisdiction clause, which supersedes the jurisdiction of a court, is not contrary to the provisions of section 28 of the Contracts Act. The nature of the exclusive jurisdiction clause has been developed by numerous cases where the ambiguity of this clause has been discussed. In the famous ABC Laminart case, the court ruled out the use of words such as „only,” „only,” and „exclusive” from being considered a comprehensive perspective to account for the validity of the exclusivity clause, but after The Swastik Gas, understanding the uncertainty of that clause was a relief for the lower courts. It has also been useful for people who use a standard contractual form for dispute resolution and for wiring the jurisdiction clause. The ambiguity regarding this clause is still ongoing and it is preferable to clarify the clause and eliminate all ambiguous terms. It should also be noted that the mere introduction of an exclusive jurisdiction clause does not bind the parties, unless this is done by mutual consent. . Competence in this area. The question is whether, in accordance with clause 18 of the agreement, the parties have agreed to exclude the jurisdiction of the Jaipur courts or, in other words, whether. According to clause 18 of the agreement, the jurisdiction of the Supreme Judge of Rajasthan High Court was excluded. To answer the question below, we must see the effect of the jurisdiction clause. provides that the contract falls within the jurisdiction of the courts of Calcutta.
It is a fact that, while for the jurisdiction clause in the agreement, the words. Clause 17 of the Agreement is an arbitration clause which is worded as follows: The 18 jurisdiction clause of the Agreement is as follows: 18th jurisdiction The Contract is subject to the jurisdiction of the courts on. The issues relating to exclusive jurisdiction clauses in India are too twofold….