Jurisdiction
Section 42 of the Arbitration and Conciliation Act, 1996 deals with jurisdiction. Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force, 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 and all sequent a The Act came into force on 22 Aug 1996.
Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force, 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 and all sequent applications arising out of that agreement and the arbitral proceedings shall be made in that Court and in no other Court.
Section 42, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bhandari Udyog LTD vs Industrial Facilitation Council
Court's Decision & Legal Precedent
An application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award must be filed before the court subordinate to the same High Court that referred the matter to arbitration under Section 11. Where the arbitration was conducted within the jurisdiction of a court subordinate to one High Court, an application under Section 34 cannot be entertained by a court subordinate to a different High Court, as this would violate Section 42 of the Act and the principle of exclusive jurisdiction established through the arbitration agreement and the place of conduct of arbitration. General jurisdictional provisions of the Code of Civil Procedure (Sections 15-20) do not override this principle where an exclusive jurisdiction agreement is established.
On this section: Provision restricting application of procedural laws to arbitration; the court without jurisdiction cannot entertain Section 34 applications even if procedural law would otherwise permit jurisdiction
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 42
What have the courts held on Section 42 of the Arbitration and Conciliation Act?
Bhandari Udyog LTD vs Industrial Facilitation Council (20 Feb 2015) is the leading judgment on this section among those set out below: Provision restricting application of procedural laws to arbitration; the court without jurisdiction cannot entertain Section 34 applications even if procedural law would otherwise permit jurisdiction.
How do I find court cases under Section 42 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 42, section 42 Arbitration Act, section 42 of the Arbitration and Conciliation Act. People searching for it also type arbitration act 42 of 1965 and 42a arbitration act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bhandari Udyog LTD vs Industrial Facilitation Council (20 Feb 2015).
When did Section 42 of the Arbitration and Conciliation Act come into force?
Section 42 of the Arbitration and Conciliation Act, cited as Arbitration Act 42, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.