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Supreme Court of India· 23 September 2026

Does the seat of a High Court confer jurisdiction on its courts merely because it appointed the arbitrator under Section 11(6) of the Act?

MAHANADI COALFIELDS LTD & ORS v. M/S GSCO (GURMEET SINGH AND COMPANY)
2026 INSC 1038
Coram: Justice Sanjay Kumar · Justice Sanjeev Sachdeva
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Answer

The seat of a High Court does not confer jurisdiction on its courts merely because it appointed an arbitrator under Section 11(6) of the Act.

No. The seat of the High Court does not confer jurisdiction on the District or Commercial courts at that seat merely because the High Court appointed the arbitrator under Section 11(6) of the Act; the High Court erred in restricting jurisdiction to the district where it is physically situated. (¶30)

Headnote

Arbitration and Conciliation Act, 1996 — s.11(6) — s.34 — s.42 — s.2(1)(e) — Seat and venue of arbitration — Territorial jurisdiction — Arbitration and Conciliation Act, 1996 — Seat and venue — Determination of seat — Held: Mere conduct of arbitral proceedings at a location does not by itself, or per se, determine the juridical seat of arbitration. Seat determines the courts exercising supervisory jurisdiction, while venue merely denotes the physical location where the sittings are held. (¶27, 28) Arbitration and Conciliation Act, 1996 — s.11(6) — Appointment by a High Court — Seat not thereby fixed — Held further: The seat of a High Court does not confer jurisdiction on its courts merely because it appointed the arbitrator under Section 11(6) of the Act. (¶30) Arbitration and Conciliation Act, 1996 — s.34 — Territorial jurisdiction — Entire State — Held further: Section 34 of the Act confers jurisdiction on every court within a High Court's territorial jurisdiction, unless the parties have agreed to the contrary or there is a specific determination of a seat; the appeal was accordingly allowed and the impugned order set aside. (¶31, 32)

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In the Court's own words
Paragraph 30The High Court has clearly erred in also holding the ‘Seat’ as Cuttack because the disputes were referred to the Arbitrator by the High Court which has its seat at Cuttack. Merely because the seat of the High Court is at Cuttack would not confer jurisdiction on the District or Commercial courts at Cuttack. The High Court has clearly erred in restricting the jurisdiction of the High Court to the District within the territory of which the High Court is physically situated, i.e. Cuttack.
Acts & Sections
s.34 Arbitration and Conciliation Act, 1996s.11(6) Arbitration and Conciliation Act, 1996s.42 Arbitration and Conciliation Act, 1996s.2(1)(e) Arbitration and Conciliation Act, 1996

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Also decided in this judgment
Does mere conduct of arbitral proceedings at a location determine the juridical seat of arbitration?Does Section 34 of the Arbitration and Conciliation Act, 1996 confer jurisdiction on every court within a High Court's territorial jurisdiction?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections