Section 10 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 10 decides which commercial forum hears court applications and appeals arising out of an arbitration, where the subject-matter of the arbitration is a commercial dispute of a Specified Value. The answer depends on whether the arbitration is international commercial arbitration, and on where the court proceeding is filed. This article reads section 10 as amended up to 3 May 2018, as per the text consulted, with sections 12(2) and 15, for parties needing arbitration support around a court filing.
If the subject-matter of an arbitration is a commercial dispute of a Specified Value, all applications or appeals under the Arbitration and Conciliation Act, 1996 go to the Commercial Division where one has been constituted, in two cases: an international commercial arbitration filed in a High Court, and any other arbitration filed on the original side of a High Court. For other arbitrations, applications and appeals that would ordinarily lie before the principal civil court in a district go to the Commercial Court exercising territorial jurisdiction over the arbitration. Section 12(2) fixes how value is counted.
The opening words
Section 10 applies "where the subject-matter of an arbitration is a commercial dispute of a Specified Value". Both tests have to be met: the dispute must fall within section 2(1)(c) and its value must meet the Specified Value, which section 12 helps measure. See our articles on section 2(1)(c) and on the Specified Value in section 12.
Three sub-sections follow, each tied to a type of arbitration and a filing place.
Sub-section (1): international commercial arbitration
If the arbitration is an international commercial arbitration, "all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that have been filed in a High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court."
So the key points are:
- It covers applications and appeals under the 1996 Act.
- It covers those "filed in a High Court".
- The forum is the Commercial Division, but only "where such Commercial Division has been constituted" in that High Court (section 4).
The 1996 Act's own definition of international commercial arbitration is not in this source; for that, see our sister article on section 2 of the Arbitration and Conciliation Act, 1996.
Sub-section (2): other arbitrations, original side of the High Court
If the arbitration is other than an international commercial arbitration, "all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that have been filed on the original side of the High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court."
The difference from sub-section (1) is the place of filing: here the filing is "on the original side" of the High Court.
Sub-section (3): other arbitrations, district level
If the arbitration is other than an international commercial arbitration, "all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that would ordinarily lie before any principal civil court of original jurisdiction in a district (not being a High Court) shall be filed in, and heard and disposed of by the Commercial Court exercising territorial jurisdiction over such arbitration where such Commercial Court has been constituted."
Here the wording is "shall be filed in", not merely "heard by". The forum is the Commercial Court having territorial jurisdiction over the arbitration, provided one has been constituted under section 3.
At a glance
| Type of arbitration | Where the application or appeal is filed | Forum under section 10 |
|---|---|---|
| International commercial arbitration | A High Court | Commercial Division, where constituted |
| Other than international commercial | Original side of the High Court | Commercial Division, where constituted |
| Other than international commercial | Would ordinarily lie before the principal civil court of original jurisdiction in a district (not a High Court) | Commercial Court with territorial jurisdiction over the arbitration, where constituted |
How the value is counted: section 12(2)
Section 12(2) says that the aggregate value of the claim and counterclaim, if any, as set out in the statement of claim and the counterclaim, if any, in an arbitration of a commercial dispute shall be the basis for determining whether the arbitration is subject to the jurisdiction of a Commercial Division, a Commercial Appellate Division or a Commercial Court, as the case may be. So when a respondent files a counterclaim, the value of the two is added to see whether the Specified Value is reached.
Example. Delta Infra Pvt Ltd claims a sum under a construction contract in a domestic arbitration and the other side raises a counterclaim. Each figure may be below the Specified Value alone, but section 12(2) uses the aggregate of claim and counterclaim. If a party later needs a court application under the 1996 Act, the aggregate helps decide whether the Commercial Court is the forum.
Pending applications: section 15
Section 15(1) and (2) move pending suits and applications, "including applications under the Arbitration and Conciliation Act, 1996", relating to a commercial dispute of a Specified Value, to the Commercial Division or Commercial Court once constituted, subject to the proviso for matters in which final judgment has been reserved. Section 15(3) applies the Act to procedures not complete at the time of transfer. Our article on section 15 covers these in full.
Appeals under the 1996 Act
The proviso to section 13(1A) refers to section 37 of the Arbitration and Conciliation Act, 1996, saying an appeal shall lie from orders enumerated under it. The 1996 Act is not part of the text consulted; this article does not describe section 37. For the general scheme of petitions under that Act, see our guide to arbitration petitions under sections 9, 11 and 34, which describes the general rule and not the commercial-court version.
Who is affected
Businesses that have an arbitration clause in a commercial contract and later need a court's help (for an interim order, appointment of arbitrators or challenge to an award) must know which commercial forum to approach. Section 10 supplies that answer, though the type of application is governed by the 1996 Act, which this article does not explain.
Points to check in the text
- Section 10 depends on the forum having been "constituted"; check whether a Commercial Division or Commercial Court exists at the relevant place.
- The text does not define international commercial arbitration; it is a term of the 1996 Act.
- The text gives no pecuniary limits for any State.
Need help with an arbitration-related court application?
If you have an arbitration clause and need to decide where a court application or appeal must be filed, our team can help you map the forum and prepare the papers. See our arbitration support page.
Key takeaways
- Section 10 applies only to arbitrations whose subject-matter is a commercial dispute of a Specified Value.
- International commercial arbitration matters filed in a High Court go to the Commercial Division where constituted.
- Other arbitrations filed on the original side go to the Commercial Division; district-level matters go to the Commercial Court.
- Section 12(2) adds claim and counterclaim to decide the forum.
- Section 15 transfers pending applications under the 1996 Act.
Read next
- Section 12: determination of Specified Value
- Section 15: transfer of pending cases
- Section 36 of the Arbitration and Conciliation Act, 1996: enforcement of award and stay
- Challenge to arbitral award: section 34
Disclaimer: Based on a text of the Commercial Courts Act, 2015 as amended up to 3 May 2018 and on the Ninth Schedule to the Mediation Act, 2023 as enacted, as consulted on 2 October 2026. Later amendments, the current Specified Value, the pre-institution mediation rules and High Court rules should be checked. This article is general information, not legal advice; check the official text before acting.