SEAT AND VENUE AN ENDLESS CONTROVERSY

Authors

  • Sahil Rana Student Phd (Research Scholar), School of legal studies, K. R. Mangalam University, Gurugram Haryana 122103
  • Prof. Dr. Inderpreet Kaur Associate Professor law, School Of Legal Studies, K. R. Mangalam University, Gurugram Haryana 122103

DOI:

https://doi.org/10.29121/shodhkosh.v5.i1.2024.2596

Keywords:

ADR, International Commercial Arbitration, Seat, Venue, Place, Change of Seat, Cause of Action, Jurisdiction, Arbitration Clause

Abstract [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/

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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

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https://lawcommissionofindia.nic.in/https-cdnbbsr-s3waas-gov-in-s3ca0daec69b5adc880fb464895726dbdf-uploads-2023-06-2023060150-pdf/

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https://www.livemint.com/politics/policy/expert-committee-submits-final-report-on-arbitration-reforms-11707937675777.html

SCC OnLine Del 3206

(2023) 1 SCC 693

(2023) 3 SCC 733

Downloads

Published

2024-01-31

How to Cite

Rana, S., & Kaur, I. (2024). SEAT AND VENUE AN ENDLESS CONTROVERSY. ShodhKosh: Journal of Visual and Performing Arts, 5(1), 1011–1016. https://doi.org/10.29121/shodhkosh.v5.i1.2024.2596