Such an approach by the court, though may be seen to be clearing certain confusion, was totally unnecessary and suffering from a technical glitch as explained in point (i) above and hence the same would not amount to a binding ratio decidendi as international commercial arbitration was not something that the court was confronted with and hence could not be said to be binding. . The bench went one step ahead to hold that the intention of the parties with regards to the applicable law (seat) is to be determined from their conduct as well as the other clauses of the agreement. It distinguished the judgment in Datawind as in that case the parties had particularly mentioned that a particular court was to have exclusive jurisdiction in addition to the designation of the seat. Significance of the seat of arbitration is that it determines the applicable law when deciding the arbitration proceedings and arbitration procedure as well as judicial review over the arbitration award. It is well-settled that “seat of arbitration” and “venue of arbitration” cannot be used inter-changeably. Holding otherwise would in effect render Section 42 of the Act ineffective and useless, it held. Further, it was stated that the Respondent did not agree to ad hoc arbitration but clearly agreed to administered arbitration in Hong Kong. Meanwhile to access the videos, you can directly visit our channel at: www.youtube.com/publicandpolicytv Stay Safe, Stay Home & Maintain Social Distancing! Since the HC at Delhi was first approached, it would have jurisdiction and no other court, especially the courts of Mumbai could exercise jurisdiction over the Section 9 petition. In the present case, the arbitration agreement entered into between the parties provides Hong Kong as the place of arbitration. En savoir plus.

venue définition, signification, ce qu'est venue: 1. the place where a public event or meeting happens: 2. the city or county in which a trial….

The single judge adopted a purposive interpretation of Section 42 of the Act, and held that the petition must be ‘valid’ and the court which is approached in the first instance must be ‘competent’ to entertain and grant the reliefs prayed for in order to become the ‘one stop’ court for all the subsequent proceedings. The arbitral tribunal rendered its award in favour of HEPI in February 2013. In the present case, the Supreme Court held that the decision in Hardy Exploration was incorrect because it ignored Roger Shashoua, BALCO’s reliance thereon and the Indian leg of the Roger Shashoua case all of which upheld that the venue of an arbitration is the juridical seat in the absence of any significant contrary indicia. Does the designation of a place of arbitration confer exclusive jurisdiction on the courts of said place to decide disputes arising out of the arbitration agreement?

This was also challenged in this petition to the Supreme Court. Thus, the Supreme Court declared that “the judgment in Hardy Exploration and Production (India) Inc. (supra), being contrary to the Five Judge Bench in BALCO (supra), cannot be considered to be good law”. The Court has also drawn a distinction between a ‘seat’ and ‘venue’ which would be quite crucial in the event, the arbitration agreement designates a foreign country as the ‘seat’/ ‘place’ of the arbitration and also select the Act as the curial law/ law governing the arbitration proceedings. Although the distinction between the ‘venue’ and ‘seat’ of arbitration is well recognized in international commercial arbitration, imprecise drafting of arbitration agreements may obscure this difference. There were totally 3 issues before the Hon’ble Delhi high Court in this case. 'Seat' and 'venue' not synonymous: landmark ruling in BALCO. We are fully committed to presenting our ticket-buyers with all the venue information they'll need to be prepared for their event. However, over here it is pertinent to mention that this judgment alongwith Antrix.

The Supreme Court in its decision given in this case held that the choice of another country as the Seat of Arbitration inevitably imports an acceptance that the law of that country relating to the conduct and supervision of Arbitrations will apply to the proceedings. The words in Clause 17.2 that “arbitration administered in Hong Kong” is an indicia that the seat of arbitration is at Hong Kong.

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