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)

     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

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Categories: Application for setting aside award |  Arbitral seat |  Jurisdiction |  Place of arbitration |  Section 34 |  Section 42  

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)

     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

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

When ‘venue’ means ‘seat’ (Delhi High Court)

     Updates by Gunjan Soni

Raj Kumar Brothers v. Life Essentials Personal Care Pvt. Ltd., 2019 SCC OnLine 10803 Delhi High Court; single-judge bench, V. Kameswar Rao J.; decided on 31 October 2019 The arbitration agreement provided that the “venue of Arbitration shall be Gurgaon” and “all disputes … shall be subject to GURGAON jurisdiction”.

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Categories: Arbitral seat |  Exclusive jurisdiction |  Place |  Place of arbitration |  Seat |  Seat of arbitration |  Venue |  Venue of arbitration