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Anchoring Arbitration Clause: The Multi Seat Dilemma




Rajri Patel, B.B.A., LL.B.(Hons.), Symbiosis Law School, Pune


ABSTRACT


In Arbitration, the coaction between party autonomy and procedural fairness frequently poses an intricate legal question. The issue of “seat” in arbitration has been subject to analysis and deliberations under the Indian Arbitration framework. A vital issue is the validity of an arbitration clause that provides “multiple seats of arbitration” to govern the dispute. The rationale is premised on a recent ruling by the “Hon'ble Delhi High Court” in “Vedanta Limited v. Shreeji Shipping”. The outcome reflects the foremost time when the Court has appraised the “validity of an arbitration clause” in which multiple local jurisdictions are designated as the seat of arbitration. The Court ruledthat an arbitration agreement allowing multiple seats of arbitration is not void under “Section 29 of the Indian Contract Act of 1872”.


Keywords: Arbitration, Contract Law

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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