Advertisement!
Author Information Pack
Editorial Board
Submit article
Special Issue
Editor's selection process
Join as Reviewer/Editor
List of Reviewer
Indexing Information
Most popular articles
Purchase Single Articles
Archive
Free Online Access
Current Issue
Recommend this journal to your library
Advertiser
Accepted Articles
Search Articles
Email Alerts
FAQ
Contact Us
Indian Journal of Agriculture Business

Volume  6, Issue 2, JULY-DEC 2020, Pages 77-82
 

Review Article

“SEAT”, “PLACE” & “VENUE”:- A CATCH-22 WEB

1Archit Mishra & 2Neha Choudhary

Affiliation Archit Mishra Vth Year Symbiosis Law School Pune Young Member Young International Arbitration Group (YIAG) – LCIA Young Member Mumbai Centre For International Arbitration (MCIA)

Choose an option to locate / access this Article:
90 days Access
Check if you have access through your login credentials.        PDF      |
|

Open Access: View PDF

DOI: http://dx.doi.org/10.21088/ijab.2454.7964.6120.3

Abstract

The seat of the arbitration is one of the most significant features of
any arbitration. Once the seat is determined the other facets related to
arbitration proceedings are settled i.e., the court exercising jurisdiction
over arbitration proceedings, law which will govern that arbitration
and procedure related to the enforceability of the award passed in
any arbitration proceedings. The UNCITRAL model law is one of the
most important texts which guide the parties while deciding the seat
of the arbitration proceedings. The Indian Arbitration & Conciliation
Act 1996 was based on the scheme of the UNCITRAL model law and
thus apart from the seat of the arbitration, the place where award was
declared and signed also becomes important. It is needless to mention
that under both the schemes, it is enshrined that the place where award
is signed will determine whether the award is a domestic award or it
is a foreign award. The seat of arbitration brings itself the character of
permanency and it is not changed like the venue can be and this work is
an effort to encapsulate the development of law and the interpretation
resorted by the Hon’ble courts to settle the debate of seat vs. venue.
This piece of work is an attempt to holistically examine the law related
to “seat” and “venue” and highlighting a way forward in lieu of the
principles of UNCITRAL model law. This work is expected to enhance
the knowledge of the readers of laws related to Arbitration, and author
is hopeful that it will contribute towards further research.


Corresponding Author : 1Archit Mishra