The parties to the arbitration agreement are residents of Lucknow and Kolkata. The contract was…
Under section 20 of the Arbitration and Conciliation Act the parties may agree on the place (seat) of arbitration, and the courts of the seat have exclusive supervisory…
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The parties to the arbitration agreement are residents of Lucknow and Kolkata. The contract was performed at Varanasi. The parties agreed that arbitration proceedings will be conducted at New Delhi and were held at New Delhi. Where will the petition under Section 34 of the Arbitration and Conciliation Act 1996 be filed?
Answer and explanation
Correct answer A
Under section 20 of the Arbitration and Conciliation Act the parties may agree on the place (seat) of arbitration, and the courts of the seat have exclusive supervisory jurisdiction over a challenge under section 34, as held in Indus Mobile Distribution v Datawind Innovations (2017) and Brahmani River Pellets v Kamachi Industries (2019). The parties agreed on New Delhi and the proceedings were held there, so the petition lies at "Delhi". The parties' places of residence and the place of performance do not displace that choice.
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