SEAT AND VENUE AN ENDLESS CONTROVERSY
DOI:
https://doi.org/10.29121/shodhkosh.v5.i1.2024.2596Keywords:
ADR, International Commercial Arbitration, Seat, Venue, Place, Change of Seat, Cause of Action, Jurisdiction, Arbitration ClauseAbstract [English]
Alternative dispute resolution (ADR) mechanism gives deductively created procedures to Indian legal executive which helps in decreasing the weight on the courts. ADR offers to determine all kind of issues including common, business and so on, where individuals are not having the option to begin any kind of discussion and arrive at the settlement. One of the significant part in adr is arbitration both the national and international. In domestic arbitration the both the parties are only from India and Indian law is applied according to part I of the 1996act whereas in international commercial (ICA) refers to arbitration emerging out of questions between parties that are occupants or bodies consolidated in a country other than India. In such cases, the likelihood of disputes increments when parties are of various nations, making the seat versus venue question a subject of conversation. At the point when parties select the seat, it adopts the laws and regulation of the seated seat over the arbitration process.
References
https://blog.ipleaders.in/an-introduction-to-alternative-dispute-resolution/
Arbitration and conciliation act 1996
https://www.manupatrafast.in/NewsletterArchives/listing/ILU%20RSP/2015/Sep/SEAT-OF-ARBITRATION.pdf
https://articles.manupatra.com/article-details/A-Picturesque-of-Seat-and-Venue-An-Unresolved-Arena
https://jusmundi.com/en/document/publication/en-applicable-law-to-the-proceeding
Section 2 of arbitration and conciliation act
scc online sc 331
Section 48 arbitration and conciliation act
AIR 2017 SUPREME COURT 3166
9 scc 552
5 scc 1
7 scc 603
AIR 2017 SUPREME COURT 2105
(2017 SCC OnLine Del 11156)
AIR 2019 SUPREME COURT 3658
CIVIL APPEAL No. 1987/2020 (Arising out of Special Leave Petition (C) No. 402/2020)
AIR 2020 SUPREME COURT 1297
Justice Indira Banerjee decision dated 24.03.2022 in slp Arising out of SLP (C) No. 17397-17398 of 2021
Section 20 arbitration and conciliation act
SCC OnLine Del 3206
(2023) 1 SCC 693
(2023) 3 SCC 733
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Copyright (c) 2024 Sahil Rana, Prof. Dr. Inderpreet Kaur

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