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Section 2(1)(e) of the Act defines "Court". For arbitrations OTHER than international commercial arbitration, "Court" means:
A{'text': 'The principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction; but does NOT include any civil court inferior to such principal Civil Court, or any Court of Small Causes', 'label': 'A'}
B{'text': 'Only the Supreme Court of India under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force in any State of India regardless of any other consideration', 'label': 'B'}
C{'text': 'Only the Chief Judicial Magistrate of the district under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force in any State of India regardless of any other consideration', 'label': 'C'}
D{'text': 'Only the Sub-Divisional Magistrate of the sub-division under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force in any State of India', 'label': 'D'}
Answer & Solution
Correct answer: A. {'text': 'The principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction; but does NOT include any civil court inferior to such principal Civil Court, or any Court of Small Causes', 'label': 'A'}
1. Section 2(1)(e) of the Act splits the definition of Court by type of arbitration.
2. For arbitrations **other than international commercial arbitration**: "Court" means the **principal Civil Court of original jurisdiction in a district** and includes the High Court in exercise of its **ordinary original civil jurisdiction** if it has such jurisdiction.
3. It does NOT include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes.
4. For international commercial arbitration the Court is the High Court in exercise of its ordinary original civil jurisdiction.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 297-303._
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