Last Updated: April 2026 | LegalFund India — Pan India | ~4 min read
You have an arbitration clause in your contract.
The dispute has arisen. You need to file — urgently.
Maybe it is a Section 9 application for interim relief to freeze the other party’s assets before they disappear. Maybe it is a Section 11 petition to appoint an arbitrator because the other side is refusing to cooperate. Maybe you have won the award and need to file under Section 34 or Section 36.
You know arbitration is the route. But which court do you file in?
If your answer is automatically “the High Court” — you may be wrong. And that wrong answer could cost you months of delay before your application is even heard.
Section 10 of the Commercial Courts Act, 2015 is the provision that most arbitration practitioners and businesses overlook. It determines exactly which court handles arbitration applications — and in most states across India, that court is not the High Court. It is the District Commercial Court.
This blog breaks Section 10 down completely.
📌 Quick Answer
Section 10 of the Commercial Courts Act, 2015 provides that all arbitration applications and appeals — under the Arbitration and Conciliation Act, 1996 — that would ordinarily go to a “Principal Civil Court of original jurisdiction in a district” must instead be filed before the District Commercial Court, where the subject matter is a commercial dispute of the specified value (above ₹3 lakh). In states where the High Court has no original civil jurisdiction, Section 10 routes all commercial arbitration applications to District Commercial Courts — not the High Court.
💔 Meet Deepak — He Filed in the Wrong Court for 5 Months
Deepak Srivastava runs a mid-sized construction company in Lucknow. His subcontractor dispute — a ₹44 lakh claim for unpaid work — had an arbitration clause. The sole arbitrator passed an award in Deepak’s favour.
The subcontractor filed a Section 34 challenge.
Deepak needed to simultaneously file for Section 36 execution of the award.
His lawyer filed the Section 36 execution petition before the Allahabad High Court — reasoning that arbitration matters always go to the High Court.
5 weeks later — the High Court registry returned the petition.
The Allahabad High Court does not exercise original civil jurisdiction. Under Section 10 of the Commercial Courts Act, the Section 36 execution petition had to go to the District Commercial Court in Lucknow — where the arbitration was seated and where the subject matter arose.
Deepak refiled. 5 weeks lost. The subcontractor — watching the confusion — used those 5 weeks to transfer receivables from two ongoing projects.
By the time execution proceedings began properly — ₹18 lakh of recoverable assets had moved.
LegalFund filed the corrected execution petition, simultaneously applied for attachment of the subcontractor’s remaining bank account, and recovered ₹38 lakh for Deepak over the next 7 months. Zero upfront cost.
One wrong court assumption. 5 weeks. ₹18 lakh in assets lost.
⚖️ What Is Section 10 of the Commercial Courts Act, 2015?
Section 10 of the Commercial Courts Act, 2015 is titled “Jurisdiction in respect of arbitration matters.”
It creates a simple but critical rule:
Where the subject matter of an arbitration is a commercial dispute of the specified value — all applications and appeals arising under the Arbitration and Conciliation Act, 1996 that would go to a “Principal Civil Court” must instead go to:
In states/UTs where the High Court has original civil jurisdiction (Delhi, Bombay, Calcutta, Madras, Himachal Pradesh) — the Commercial Division of that High Court handles these arbitration applications.
In all other states — where the High Court does NOT have original civil jurisdiction — these arbitration applications go to the District Commercial Court in the relevant district.
This is the rule that catches most people. Outside Delhi, Bombay, Calcutta, Madras, and Himachal Pradesh — your arbitration applications for commercial disputes go to the District Commercial Court — not the High Court.
📊 Which Arbitration Applications Does Section 10 Cover?
Section 10 routes ALL arbitration-related applications under the Arbitration Act to the correct commercial court. This includes:
| Application | Section of Arbitration Act | Where Filed Under Section 10 |
|---|---|---|
| Interim relief before/during arbitration | Section 9 | District Commercial Court (non-original jurisdiction states) |
| Appointment of arbitrator | Section 11 | High Court — ALWAYS (Supreme Court ruling — Sec 11 stays at HC) |
| Challenge to arbitral award | Section 34 | District Commercial Court (non-original jurisdiction states) |
| Execution of arbitral award | Section 36 | District Commercial Court (non-original jurisdiction states) |
| Appeal against Section 34 order | Section 37 | Commercial Appellate Court |
| Setting aside interim order | Section 37(2)(b) | Commercial Appellate Court |
Critical exception: Section 11 petitions for appointment of arbitrator always go to the High Court — regardless of Section 10. This was clarified by the Supreme Court and is not affected by the Commercial Courts Act routing.
🗺️ State-by-State: Which Court Handles Your Arbitration Application?
This is the practical question that trips up lawyers and businesses every day.
States where High Court has original civil jurisdiction — arbitration applications go to Commercial Division of High Court:
- Delhi
- Maharashtra (Bombay High Court — but only for disputes within island city original side jurisdiction)
- West Bengal (Calcutta High Court)
- Tamil Nadu (Madras High Court)
- Himachal Pradesh
All other states — arbitration applications for commercial disputes above ₹3 lakh go to District Commercial Court:
- Uttar Pradesh → District Commercial Court in relevant district
- Rajasthan → District Commercial Court
- Gujarat → District Commercial Court
- Karnataka → District Commercial Court (Bengaluru)
- Telangana → District Commercial Court (Hyderabad)
- Punjab, Haryana → District Commercial Court
- All other states and UTs → District Commercial Court
Important nuance for Maharashtra: The Bombay High Court’s original jurisdiction is geographically limited to the original island city limits of Mumbai. Disputes arising from Pune, Nagpur, Nashik, or suburban Mumbai areas go to District Commercial Courts — not the Bombay High Court. This catches Maharashtra businesses constantly.
🛠️ Practical Application: Filing Arbitration Applications Under Section 10
Step 1 — Identify whether your dispute is a commercial dispute above ₹3 lakh. If yes — Section 10 applies.
Step 2 — Identify the seat of arbitration. Arbitration applications are typically filed at the court where the arbitration is seated — or where the cause of action arose, for Section 9 pre-arbitration interim relief.
Step 3 — Identify which state the seat is in. Does that state’s High Court have original civil jurisdiction?
Step 4 — If yes (Delhi, Bombay for island city, Calcutta, Madras, Himachal Pradesh) — file in the Commercial Division of that High Court.
Step 5 — If no (all other states) — file in the District Commercial Court in the district where the arbitration is seated or cause of action arose.
Step 6 — Remember the Section 11 exception — arbitrator appointment petitions always go to the High Court regardless of state.
⚠️ 4 Critical Mistakes Under Section 10
- Assuming all arbitration applications go to High Court — they do not. In most states, Section 10 sends them to District Commercial Courts. This is the mistake that cost Deepak 5 weeks and ₹18 lakh.
- Confusing Section 11 with other arbitration applications — Section 11 (arbitrator appointment) stays at the High Court in all states. Every other application — Section 9, 34, 36, 37 — follows Section 10 routing for commercial disputes.
- Filing in the wrong district within the correct state — Section 10 sends you to the District Commercial Court, but which district? The one where the arbitration is seated — or where the cause of action arose. Filing in the wrong district means transfer delays.
- Filing in Civil Court instead of Commercial Court — even if you identify the correct city and district, filing an arbitration application for a commercial dispute in the regular civil court instead of the Commercial Court means your application is returned under Section 11 of the Commercial Courts Act.
💡 Why Section 10 Matters Strategically — Not Just Procedurally
Section 10 is not just a technical rule about which building to walk into.
It has real strategic consequences:
Speed — District Commercial Courts move differently from High Courts. In some districts, arbitration applications are heard faster. In others, High Court is faster. Knowing which court applies helps you plan realistic timelines.
Interim relief — A Section 9 application before a District Commercial Court for asset attachment can be more aggressively pursued with the right local advocate. Getting interim relief right — before the other party moves assets — is often the difference between recovery and a paper award.
Execution strategy — Section 36 execution petitions filed in the correct District Commercial Court, with simultaneous attachment applications, are the foundation of real arbitral award recovery. File in the wrong court and you lose the time window when assets are still traceable.
💼 LegalFund: Right Court, Right Application, Fully Funded
Getting Section 10 wrong costs time, money, and assets — as Deepak discovered.
LegalFund ensures every arbitration application is filed in the correct court, in the correct district, with the correct procedure — and funds the entire process from filing to recovery.
- ✅ Section 10 forum analysis before filing
- ✅ Simultaneous Section 9 interim relief to freeze assets
- ✅ Section 34 challenge defence funded
- ✅ Section 36 execution funded end-to-end
- ✅ 100% legal costs covered — zero upfront
- ✅ Pay only after recovery — no recovery, no fee
Submit your case at legalfund.in — free expert review in 10 days.
👉 Submit your case → legalfund.in/contact
❓ FAQs
Q: Does Section 10 apply to domestic arbitration only or international arbitration too?
A: Section 10 of the Commercial Courts Act applies to domestic arbitration applications — disputes seated in India under Part I of the Arbitration and Conciliation Act. International commercial arbitration applications seated outside India (Part II enforcement) go to the High Court regardless of Section 10.
Q: Does Section 11 (arbitrator appointment) follow Section 10 routing?
A: No. The Supreme Court has clarified that Section 11 petitions for arbitrator appointment always go to the High Court — regardless of the Commercial Courts Act routing. This is the one exception to Section 10.
Q: What if the arbitration clause doesn’t specify a seat?
A: Where no seat is designated, courts determine jurisdiction based on where the cause of action arose or where the parties carry on business. This ambiguity is exactly why every commercial contract should specify Delhi or another clear seat of arbitration.
Q: Can Section 9 interim relief be sought before a District Commercial Court?
A: Yes — in states where the High Court has no original civil jurisdiction, Section 9 applications for commercial disputes above ₹3 lakh go to the District Commercial Court under Section 10. Urgent applications can be heard quickly in Commercial Courts with proper documentation.
Q: Can LegalFund fund my Section 9 or Section 36 arbitration application?
A: Yes. LegalFund funds Section 9 interim relief applications, Section 34 challenge defences, Section 36 execution petitions, and the underlying arbitration proceedings — all at zero upfront cost.
💡 Final Thought
Section 10 is one of the most consequential — and most overlooked — provisions in India’s commercial dispute framework.
It determines where your arbitration application goes. Get it wrong — and you lose weeks before you even start. In a dispute where the other party is moving assets every week — those weeks are irreplaceable.
The rule is clear: outside Delhi, Bombay island city, Calcutta, Madras, and Himachal Pradesh — your commercial arbitration applications go to the District Commercial Court.
Know it. Apply it. And file in the right court from Day 1.
👉 Contact LegalFund today