Specifying alternative places of arbitration makes each a juridical seat with Section 11 jurisdiction.

The applicant and respondent entered into a Memorandum of Understanding dated 10 March 2004 for publishing and circulating the Pioneer newspaper at Bhopal. Under the arrangement, the applicant acted as the respondent’s franchisee, collected local news at Bhopal, and received print-ready pages prepared and dispatched by the respondent from Delhi for circulation at Bhopal.

Disputes subsequently arose, and each party appointed an arbitrator under Clause 9 of the MOU. The two appointed arbitrators were unable to agree upon the appointment of the third and presiding arbitrator. The applicant therefore filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The existence of the arbitration agreement, the existence of disputes, and their arbitrability were not disputed. The respondent contested the territorial jurisdiction and maintainability of the application before the Madhya Pradesh High Court.