under this Act.] Scope (2) This Part shall apply where the place of arbitration is in India. [Provided that subject to an agreement ... shall also apply to international commercial arbitration, even if the place of arbitration is outside India, and an arbitral award made or to be made
Section 20 in The Arbitration And Conciliation Act, 1996
20. Place of arbitration.
(1) The parties are free to agree on the place of arbitration ... Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances
apply even to foreign-seated arbitration
so long as parties have chosen Arbitration Act, 1996 as law of the
arbitration, which could only ... domestic award”; provided the parties to arbitration have chosen the
Arbitration Act, 1996 as the governing law of arbitration.
22. Mr. Sundaram emphasised that
defines an
"international commercial arbitration". Mr. Sen submits that an
international commercial arbitration could take place either in India or
outside India ... provisions of Part I compulsorily applicable to an arbitration, including
an international commercial arbitration, which takes place in India.
Parties cannot, by agreement, override
hold meetings—or even hearings—in a place other than the designated place
of arbitration, either for its own convenience or for the convenience ... hold meetings—or even hearings—in a place other than the designated place
of arbitration, either for its own convenience or for the convenience
that place.”
30. The Arbitration Act, 1996 repealed the Arbitration Act, 1940 . As is
stated in its preamble, the Arbitration Act, 1996 adopted provisions ... Arbitration Act, 1996 con-
tinues the definition contained in the Arbitration Act, 1940 , but re-
places any and every civil court by only the principal
Arbitration, 2nd Ed.
(1990); Commercial Arbitration, 2nd Ed., Allen Redfern and
Martin Hunter, Law & Practice of International Commercial
Arbitration, 1986; Russel on Arbitration 20th ... arbitration
(i.e., the substantive law governing arbitration) determines
the validity, effect and interpretation of the arbitration
agreement, the arbitration proceedings are conducted
hold meetings - or even hearings - in a
place other than the designated place of arbitration, either for its
own convenience or for the convenience ... itself mean that
the seat of the arbitration changes. The seat of the arbitration
remains the place initially agreed by or on behalf
seat” and “venue” for holding arbitration
proceedings by the arbitrators arising under the
Arbitration Agreement/ International Commercial
Arbitration Agreement is primarily required to be
decided ... Court ruled:-
“39. If in pursuance of the arbitration agreement,
the arbitration took place outside India, there is a
clear exclusion of Part
arbitration clause which reads as under:-
“18. Arbitration shall be under Indian Arbitration and Conciliation
Law 1996 and the Venue of Arbitration shall be Bhubaneswar ... seat”/“place” of the arbitration and also
selects the Arbitration Act, 1996 as the curial law/law governing
the arbitration proceedings. It would
