- (1.) The petitioner seeks to invoke the arbitration agreement which reads as follows: "In the event of any dispute or difference arising at any time between the Parties hereto as to the construction, meaning or effect of this Agreement or any clause or thing contained herein or the rights, duties, liabili- ties and obligations of the Parties hereto, the same shall then be referred to and settled by three arbitrators, one to be appointed by each Party and the third to be appointed by the two arbitrators. The decision of the arbitrators shall be final and binding upon the Parties. The Arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996. The venue of arbitration proceedings shall be Kolkata, India and the language of arbitration shall be English."
(2.) The only ground urged by the respondent in opposing the present petition under section 11 of the Arbitration and Conciliation Act, 1996 is that the agreement contains a forum selection clause that confers exclusive jurisdiction on courts in Mumbai. The forum selection clause is in the section of the agreement that is entitled "ARBITRATION AND GOVERNINGLAW." The relevant clause provides as follows: "This Agreement will be governed by the laws of India and will be subject to jurisdiction of the courts of Mumbai, India."
(3.) The respondent says that it would be evident from the agreement that the parties carry on business at different places and it was agreed that the venue for the arbitration would be in Kolkata but only the courts in Mumbai could be approached, if necessary.;