appellants, so far as purely
domestic arbitration is concerned.
True, that in an international commercial arbitration, having a seat in
India, hearings may be necessitated ... seat”/“place” of the arbitration and
also selects the Arbitration Act, 1996 as the curial law/law governing the
arbitration proceedings. It would
hereinafter referred to as “the Arbitration Act, 1996 ”), and, given the
1
arbitration clause in these proceedings, whether the “seat” of the arbi-
tration proceedings ... what constitutes the “juridical
seat” of arbitral proceedings, and whether, once the seat is delineated
by the arbitration agreement, courts at the place
make a reference to arbitration if
the arbitration agreement relied upon is incapable of being
performed.
IV. Re: Seat of Arbitration.
40. Mr. Nariman submitted ... would be under English Arbitration Act, 1996 and not under the
Part I of the Indian Arbitration Act, 1996 ; Indian Arbitration
Act, 1996 ( Section
arbitration, Indian law as the law of contract and
11
English law as the law of arbitration and the mere fact that the arbitration ... consider the question whether Kuala Lumpur was the
designated seat or juridical seat of arbitration and the same had been shifted
to London. In terms
seat (or legal place) of
arbitration for the purposes of the arbitration initiated under
the Claimants’ Notice of Arbitration dated 16th December,
2010 shall ... legal place) of the arbitration for the
purposes of arbitration initiated under the Claimant’s Notice
of Arbitration dated 16 th December, 2010
shall
arbitration is held, is normally
the law to govern that arbitration. The territorial link
between the place of arbitration and the law
governing that arbitration ... ipso facto assume the status of seat.
Thus understood, Kuala Lumpur is not the seat or place of arbitration
and the interchangeable use will
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
seat (or
legal place) of the arbitration for the purposes of arbitration
initiated under the claimants’ notice of arbitration dated
16-12-2010 shall ... synonymous with "seat", there is no
designation of the seat of the arbitration by clause 14.4
and, in the absence of any designation
arbitration’ is the centre of gravity in arbitration. However, this
does not mean that all arbitration proceedings must take place at
‘the seat’. The arbitrators ... place of arbitration in an arbitration
clause as being the “venue” of the arbitration
proceedings, the expression “arbitration proceedings”
would make it clear that
legal place)
of the arbitration for the purposes of arbitration initiated
under the claimants' notice of arbitration dated 16-12-2010
shall be London ... Arbitration Act, 1996 (Indian) are necessarily
excluded; being wholly inconsistent with the arbitration
agreement which provides "that arbitration agreement shall be
governed by English
