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India: Seat of Arbitration to be Decided as Per Agreement, Says Delhi HC

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Staff Writer, TLR

Published on July 14, 2023, 17:41:00


Delhi HC,  Arbitration

The Delhi HC has answered the question of determination of the seat of arbitration when the arbitration agreement does not mention any agreement on the seat, while agreeing on an arbitration institution in their arbitration clause. The Delhi High Court has ruled that the seat of arbitration will be determined by the parties' arbitration agreement, and that the International Centre for Alternative Dispute Resolution's Rules of Arbitration will only apply after the arbitration has begun before suitable jurisdiction. The conclusion was that the arbitration agreement expressly states that the arbitration will be conducted in accordance with the ICADR Rules, that the arbitration will take place in Lucknow, and that the ICADR Rules will only apply to the procedure to be followed after the formation of the arbitral tribunal. The court decided that the “seat” would be in Lucknow as per the agreement since, under the precedents relied on, the choice of venue also determines choice of seat.