Trace Your Case


Indus Mobile Distribution v. Datawind Innovation Pvt. Ltd. (2017) 7 SCC 678.


  • Whether a clause in the arbitration agreement specifying exclusive jurisdiction be nullified?


  • If the arbitration agreement between the parties contains an exclusive jurisdiction clause that specifies a certain location as having jurisdiction over all issues related to the arbitration agreement, that provision by itself would nullify the jurisdiction of any other court in that matter.
  • Even if the entire cause of action does not occur at the location given exclusive jurisdiction, this will still be affirmed.


  • In this instance, Respondent was engaged in the manufacture, marketing, and distribution of mobile phones and tablets with its registered office in Amritsar and it was agreed upon between the Appellant and the Respondent that the latter would be the former’s retail chain partner.
  • The two parties got into an argument and when the Appellant failed to make payment and the Respondent exercised the arbitration provision of the agreement, the Appellant received a notification from the Respondent outlining the default of unpaid dues and interest within 7 days.
  • The Arbitration Agreement provided that the dispute shall be finally settled by arbitration and such arbitration shall be conducted in Mumbai and shall be subject exclusively to the Mumbai Court.
  • The Respondent filed two petitions before the Delhi High Court and the Delhi High Court disposed of both the petitions holding that since no part of the cause of action arose in Mumbai, only the courts of Delhi, Chennai, and Amritsar have jurisdiction over the matter. This is so irrespective of the exclusive jurisdiction clause as the courts in Mumbai would have no jurisdiction in the first place.
  • The Appellants approached the Supreme Court.


  • The Supreme Court upheld the opinion that once the location of the arbitration is predetermined in the contract, it will only have exclusive jurisdiction there.
  • The Supreme Court affirmed that the phrase “juridical seat” and “legal place” for arbitration are the same.
  • As a result, it was held that no other court in the county would have any jurisdiction over the proceedings in this case and that only the Mumbai courts would have entire jurisdiction. As a result, the Delhi High Court’s decision was overturned.