Seat And Venue Conundrum

Muskan Mittal, O.P. Jindal Global University

ABSTRACT

Seat and Venue of Arbitration poses a lot of confusion and a state of chaos when one doesn’t understand the difference between the two and the possibility of overlapping of the two concepts. The location at which the proceedings are conducted is deemed to be the venue. A seat provides anchorage to the arbitration proceedings and submits the parties to the jurisdiction of courts of the location where the seat is1. If the proceedings are conducted at a place where seat is located, seat and venue overlap. If a seat is not determined, then venue does not automatically gain the status of seat, or does it? The courts are confused in this respect. The paper attempts to highlight the conundrum between seat and venue and the confusion furthered by the A&C Act.

Keywords: seat, place, venue, jurisdiction, arbitration, proceedings