Place of Arbitration: Section 20
1 When Venue of Arb. is designated in an Arb. Ag., then, unless significant contrary indicia is indicated in the Arb. Ag., that Venue shall also be considered as a Seat of Arbitration.
2 Seat of the Arbitration is different from place of Arbitration.
3 Venue of Arb. means a place, as may be agreed upon, the location for holding of Arb. sittings. Seat of Arb., as may be agreed upon, means the place of appropriate Court contemplated u/s 2(1)(e).
4 When two Courts [S.2(1)(e)] have jurisdiction to adjudicate disputes arising out of an Arb. Ag., parties may by agreement, decide to refer all disputes to any 1 Court to exclusion of all other Courts.
5 When any Application is preferred under Arb. Proc. before appropriate Court as contemplated u/s 2(1)(e), that Court alone would have jurisdiction over all subsequent Applications, including u/s 34.
6 A party who has participated in Arb Proc., without any protest at a place, that place may be considered as a Seat / appropriate Court u/s S.2(1)(e)].
7 A Contract (having Arb. Clause and designating Venue of Arb.) conferring exclusive jurisdiction upon specific Court would be relevant for filing Civil Suit; and would not be construed as Seat of Arb.
8 Once the Seat of arbitration is fixed in terms of S. 20(2) of the Act, then, without the express mutual consent of the parties to the arbitration, the Seat of Arbitration cannot be changed.
9 Where a Contract stipulates Courts at place “X” as appropriate Court as per S.2(1)(e), and also stipulates different place “Y” as Seat of Arbitration, then, Courts at “X” would be appropriate Court.
10 Arbitration Agreement between the parties will prevail over the Rules of Arbitral Institution in respect of Venue and Seat of Arbitration, and maintaining of S. 11(6) Application.
11 A Venue of Arbitration agreed upon shall deemed to be the “Seat” of Arbitration unless otherwise specifically provided.
12 A Venue of Arbitration agreed upon shall deemed to be the “Seat” of Arbitration unless otherwise specifically provided.
13 A Venue of Arbitration agreed upon shall also deemed as Seat of Arbitration, notwithstanding existence of General Exclusive Jurisdiction of Court Clause.