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Section 42: Jurisdiction

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Section 41 All 87 Sections Schedules (4th, 5th, 7th) Section 43

Legal Commentary & Landmark Judgments: Section 42

Section 42 of the Arbitration and Conciliation Act, 1996 contains a critical non-obstante clause establishing that where any application under Part I has been made in a Court with respect to an arbitration agreement, that Court alone shall have exclusive jurisdiction over all subsequent applications arising out of that agreement.

  • One-Court Exclusive Jurisdiction Rule: Notwithstanding anything contained elsewhere in Part I or in any other law, where with respect to an arbitration agreement any application under this Part has been made in a Court, that Court alone shall have jurisdiction over the arbitral proceedings.
  • All Subsequent Applications Captured: All subsequent applications arising out of that agreement and the arbitral proceedings (including Section 34 challenges and execution) shall be made in that Court and in no other Court.
  • Condition: Court of Competent Jurisdiction: The initial application must have been made before a Court possessing competent subject-matter and territorial jurisdiction.
  • Exclusion of Section 11 Applications: Section 11 applications for appointment of arbitrators made to the High Court Chief Justice do not constitute an 'application to a Court' for triggering Section 42.
Key Landmark Precedents:
  • State of W.B. v. Associated Contractors, (2015) 1 SCC 32: The Supreme Court authoritatively settled that Section 42 applies to applications made to a 'court' as defined in Section 2(1)(e) (such as Section 9, 14, 27, 34); applications under Section 11 made to the Chief Justice do not trigger Section 42.
  • BGS SGS SOMA JV v. NHPC Ltd., (2020) 4 SCC 234: The Supreme Court clarified that where the parties have designated a 'seat' of arbitration, the courts at the seat possess exclusive supervisory jurisdiction, overriding Section 42 jurisdictional races.
Courtroom Practice & Strategic Litigation Guidance:

Be extremely strategic about where you file your first Section 9 interim measures petition; under Section 42, the competent court where the first Section 9 application is filed captures exclusive jurisdiction over all future Section 34 challenge petitions.

Section 41 All 87 Sections Schedules (4th, 5th, 7th) Section 43