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May 28, 2025 at 12:23 PM
Arbitration:
*The default fixation of “seat of arbitration” at a place where the arbitral tribunal holds the arbitration proceedings being the “venue of arbitration” and consequently, the “seat of arbitration” would be attracted where there is no contrary indicia and inexorable conclusion is that the ‘venue’ is actually ‘judicial seat’ of the arbitration proceedings – Gujarat High Court*
_Mrs. Justice Sunita Agarwal (Chief Justice) and Mr. Justice Pranav Trivedi_
Case Citation: (2025) ibclaw.in 742 HC
Though there is no requirement for the arbitrator to pass a detailed order or a considered decision so as to fix the place of arbitration while exercising the jurisdiction under Sub-section (2) of Section 20 of the Act, but where there are more than one place or location, where the hearings or proceedings of arbitration had taken place, it would be relevant to fix the “seat of arbitration” for the purpose of application of exclusive jurisdiction clause by determining as to whether the parties by choice had agreed to accord jurisdiction to a Court at a place other than the place where the cause of action has arisen.
https://ibclaw.in/union-of-india-vs-pushkarraj-construction-pvt-ltd-gujarat-high-court-2/