The scrimmage between the ‘seat’ and ‘venue’ of Arbitration: An analysis with special reference to international commercial arbitration

Mohit Singhvi

Singhvi & Co., Jodhpur, India

2020

pp. 50-56 

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Abstract: The author here has tried to explain and clarify the inconsistency and confusion which has arose in the recent past by way of interpreting the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’ or ‘Act of 1996’), judicial precedents and the amendment brought it by the (Indian) Central Government. Not only this, the author has also understood and relied upon the verdicts of various courts around the globe relating to the curial law and their understanding which has a material and direct effect on the international commercial arbitration to be conducted in future and the precautions which the parties entering into cross border transaction might take note of while contemplating the stipulations in their respective agreements.

Keywords: Seat, Venue, Jurisdiction, Commerce, International Commercial Arbitration, Indian Law.

Mr. Mohit Singhvi is an Advocate in Rajasthan High Court (Jodhpur, India). He is the founding and managing partner of Singhvi & Co., a Jodhpur-based multidisciplinary law firm, providing a wide range of services to corporates and individual clients operating in a broad range of industries. The author can be contacted at mohit@singhvilaw.in.

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