Arbitral seat Archives – National Forum for Research in Arbitration Law

The seat of the arbitration can be deduced from the conduct of not raising objections as to conduct of arbitration proceedings at a particular territory (Bombay High Court)

June 1, 2020 Update by Editor

Omprakash and others v. Vijay Dwarkada Varma MANU/MH/0543/202 High Court of Bombay (Nagpur); single-judge bench, Manish Pitale J decided on 27 April 2020 A partnership deed had an arbitration clause. The partners had a dispute. One of them applied for appointment of an arbitrator and the High Court made the

Mere expression “place of arbitration” is not determinative of the “seat” of arbitration. The intention of the parties as to the “seat” should be determined from other clauses in the agreement and the conduct of the parties. (Supreme Court of India)

April 15, 2020 Updates by Nishant Gupta

Mankastu Impex Private Limited v AirVisual Limited 2020 SCC OnLine SC 301 Supreme Court of India; 3-judge bench, R Banumathi, AS Bopanna and Hrishikesh Roy JJ, decided on 05 March 2020 A. THE DISPUTE RESOLUTION CLAUSE Mankastu, an Indian company, and AirVisual, a Hong Kong company, had a memorandum

Categories: Arbitral seat | Place of arbitration | Seat of arbitration | Section 20 | Venue of arbitration

If a court determines that the seat is somewhere else, it has no jurisdiction even if cause of action arose in its jurisdiction and even if before the determination of seat, a prior application had been filed before it (Supreme Court of India)

April 10, 2020 Updates by Editor

Hindustan Construction Company Ltd. v. NHPC Ltd. and others, MANU/SC/0299/2020 Supreme Court of India; 3-judge bench, RF Nariman, S Ravindra Bhat, and V. Ramasubramanian JJ; decided on 04 March 2020 A 3-judge bench of Rohinton Fali Nariman, S Ravindra Bhat and V Ramasubramanian JJ has reiterated, following BGS SGS

Categories: Arbitral seat | Court | Exclusive jurisdiction | Section 2(1)(e)

BGS SGS Soma JV v. NHPC Ltd., SCC OnLine SC 1585 Supreme Court, 3-judge bench, R.F Nariman, Aniruddha Bose and V Ramasubramanian, JJ., Decided on 10 December 2019 Preface–which court has jurisdiction over an arbitral process and as a result jurisdiction to set aside an award Courts in the arbitral

Category: Arbitral seat

The seat of the arbitration can be deduced from the conduct of not raising objections as to conduct of arbitration proceedings at a particular territory (Bombay High Court)

Mere expression “place of arbitration” is not determinative of the “seat” of arbitration. The intention of the parties as to the “seat” should be determined from other clauses in the agreement and the conduct of the parties. (Supreme Court of India)

If a court determines that the seat is somewhere else, it has no jurisdiction even if cause of action arose in its jurisdiction and even if before the determination of seat, a prior application had been filed before it (Supreme Court of India)

Wrong composition of seat and wrong composition of arbitral tribunal is ground for refusing enforcement- establishing prejudice not required; significance and consequences of seat; determination of seat et. al. (Supreme Court of Singapore)

Which court has jurisdiction over an arbitral process clarified; BALCO’s concurrent-jurisdiction theory is not its real ratio; seat v. venue debate discussed; Hardy held to be contrary to BALCO (Supreme Court of India)