Section 42 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 42 is a single sentence with a large effect. If an application under Part I has been made in a Court with respect to an arbitration agreement, that Court alone has jurisdiction over the arbitral proceedings and over all later applications arising out of the agreement and the proceedings, and no other Court may be approached. This article reads it as per the India Code consolidated text consulted. If you are still choosing where to file, our legal dispute resolution team can help.
Section 42 begins with "notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force". Where any application under this Part has been made in a Court with respect to an arbitration agreement, that Court alone has jurisdiction over the arbitral proceedings and all subsequent applications arising out of the agreement and the proceedings. Later applications must be made in that Court and in no other Court. The first application therefore fixes the forum.
The text of section 42
The section is headed "Jurisdiction" and reads, in substance: notwithstanding anything contained elsewhere in Part I 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 subsequent applications arising out of that agreement and the arbitral proceedings shall be made in that Court and in no other Court.
Four elements can be read off the words:
- The trigger: an application "under this Part", that is, Part I of the Act, made "in a Court" and "with respect to an arbitration agreement".
- The effect: "that Court alone shall have jurisdiction over the arbitral proceedings".
- The reach: "all subsequent applications arising out of that agreement and the arbitral proceedings".
- The exclusion: those applications "shall be made in that Court and in no other Court".
The opening words override "elsewhere in this Part" as well as other law. Where another provision of Part I or another law would point to a different Court, section 42 says the first Court prevails once the trigger is met. The text consulted does not say how a conflict is to be decided beyond those words, and this article adds nothing.
"Court" is a defined word
Section 42 uses the word "Court" with a capital C. In Part I that word is defined in section 2(1)(e). As printed in the text consulted:
| Kind of arbitration | "Court" means |
|---|---|
| Other than international commercial arbitration | The principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit; it does not include any Civil Court of a grade inferior to such principal Civil Court, or any Court of Small Causes |
| International commercial arbitration | The High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide those questions if the same had been the subject-matter of a suit, and in other cases, a High Court having jurisdiction to hear appeals from decrees of courts subordinate to that High Court |
The footnote shows clause (e) as substituted by Act 3 of 2016, section 2, with effect from 23-10-2015. Our article on section 2 explains the definitions, and our guide on jurisdiction of civil courts explains the general ideas of subject-matter, territory and value that sit behind the phrase "if the same had been the subject-matter of a suit". For commercial disputes, see our article on section 10 of the Commercial Courts Act, 2015.
Which applications go to the Court under Part I
Section 42 binds "all subsequent applications" under the Act. The sections of Part I that send an application to "the Court" include:
- Section 9: interim measures by the Court (see section 9).
- Section 14(2): an application to the Court to decide on the termination of the mandate where a controversy remains on the grounds in section 14(1)(a) (see sections 14 and 15).
- Section 27: the tribunal, or a party with its approval, may apply to the Court for assistance in taking evidence (see sections 26 and 27).
- Section 29A: the Court may extend the period for the award (see section 29A).
- Section 34: an application to set aside the award (see the section 34 post).
- Section 36: enforcement of the award as a decree and any stay (see section 36).
- Section 39(2): an application for delivery of the award on payment of costs into Court (see sections 38 and 39).
- Section 43(3): extension of a contractual time bar for undue hardship (see section 43).
Section 8 speaks of a "judicial authority" rather than "the Court", and section 11 speaks of the Supreme Court, the High Court or a designated person or institution. This article does not say whether section 42 reaches those provisions; the section's words are "any application under this Part ... made in a Court". The reader should read the section's opening words together with each provision.
Part II is kept apart
Sections 47 and 56 each carry an Explanation saying that, in that section and the sections following in the Chapter, "Court" means the High Court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award if the same had been the subject-matter of a suit on its original civil jurisdiction and, in other cases, the High Court having jurisdiction to hear appeals from decrees of courts subordinate to that High Court. That is a separate definition for Part II, Chapters I and II. Section 42 is in Part I and uses the Part I definition in section 2(1)(e). Our articles on sections 46 and 47 and sections 55 and 56 cover those Explanations.
A worked example
Meridian Fabrics Pvt Ltd and Harbour Retail LLP have an arbitration clause. Before the tribunal is formed, Meridian applies for interim relief under section 9 in the Court at the district headquarters. Months later, the tribunal needs help in taking evidence, and the dispute ends in an award that Harbour Retail wishes to challenge. Under section 42, once the section 9 application was made in that Court, the later applications arising out of the agreement and the arbitral proceedings (for evidence assistance, for extension of time under section 29A, for setting aside under section 34) are to be made in that Court and in no other.
The consequence is practical. A party who files the first application in the wrong Court may find that the later applications are tied to it. The section does not say what happens if the first Court lacked jurisdiction; the text consulted is silent on the point, and this article states none.
Practical points
- Choose the first Court deliberately. The first application under Part I decides the forum for the rest.
- Read "Court" through section 2(1)(e). A Civil Court of a grade inferior to the principal Civil Court of original jurisdiction in a district, and a Court of Small Causes, are expressly excluded in a domestic arbitration.
- Check the contract. Read the dispute-resolution clause before filing; our guide on the clauses an export order must carry shows where such a clause sits in a contract.
Need help choosing the right Court?
Where the first application is still to be filed, the choice of Court has consequences for everything that follows. Our legal dispute resolution team can read the arbitration clause, the definition of "Court" and the record, and advise on the filing.
Key takeaways
- Once an application under Part I is made in a Court, that Court alone has jurisdiction over the arbitral proceedings and later applications arising out of the agreement.
- Later applications must be made in that Court and in no other.
- The section overrides other provisions of Part I and other law.
- "Court" has the meaning in section 2(1)(e); Part II has its own Explanations in sections 47 and 56.
- The text consulted does not say what follows if the first Court lacked jurisdiction.
Read next
- Sections 42A and 42B: confidentiality and protection of action in good faith
- Sections 40–41: death of a party and insolvency
- Section 37: appealable orders
- Section 34: challenge to an arbitral award
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.