Dwarika Projects Ltd. vs Superintending Engineer, Karnal, Pwd ... on 10 May, 2019
"38. Be it noted, the word „determination‟ requires a positive
act to be done. In the case at hand, the only aspect that has
been highlighted by Mr. C.U. Singh, learned senior counsel, is
that the arbitrator held the meeting at Kuala Lumpur and
signed the award. That, in our considered opinion, does not
amount to determination. The clause is categorical. The sittings
at various places are relatable to [the] venue. It cannot be
equated with the seat of arbitration or place of arbitration
which has a different connotation as has been held in Reliance
Industries Ltd. (I), (II) (supra), Harmony Innovation Shipping
Limited (supra) and in Roger Shashoua (supra).