Facts & Background:

• The Petitioner was awarded a contract on 16.01.2004 for construction works at the Subansri Lower Hydroelectric Project (2000 MW). Clause 67.3 of the agreement provided for dispute resolution through arbitration under the Arbitration and Conciliation Act, 1996.
• On 16.05.2011, the Petitioner issued a Notice of Arbitration to the Respondent seeking compensation for losses and additional costs incurred due to delays and hindrances caused by the Respondent.
• A three-member Arbitral Tribunal was constituted as per the agreement, and the Petitioner filed its Statement of Claim for an amount of ₹986.60 crores plus CHF 1060619.
• Between August 2011 and August 2016, the Arbitral Tribunal convened 71 sittings in New Delhi, issuing a unanimous award of ₹424,70,52,126.66 with 14% simple interest per annum, rectified on 04.10.2016.
• On 03.01.2017, the Respondent filed a petition under Section 34 of the Arbitration Act, 1996, before the District Court, Faridabad. On 28.04.2017, the Petitioner sought its transfer under Section 151 CPC and Section 2(1)(e)(i) of the Arbitration Act, 1996, to the appropriate court in New Delhi or Dhemaji, Assam.
• In November 2017, the Section 34 petition was transferred to the Special Commercial Court, Gurugram. On 21.12.2017, the Court allowed the Petitioner’s application and returned the petition to New Delhi.
• On 15.02.2018, the Respondent appealed under Section 37 of the Arbitration Act and Section 13(1) of the Commercial Courts Act before the Punjab & Haryana High Court.
• On 12.09.2018, the Punjab and Haryana High Court held the appeal under Section 37 of the Arbitration Act, 1996, maintainable, ruling Faridabad had jurisdiction and set aside the Special Commercial Court, Gurugram judgment.
• Hence, the appeal was filed.
  

Main Issue:

1. Whether the appeals filed are maintainable under Section 37 of the Arbitration and Conciliation Act, 1996?
2. Does determining the "juridical seat" of arbitral proceedings constitute exclusive jurisdiction for the courts at the seat, once delineated by the arbitration agreement? (Paragraph 23)