Brahmani River Pellets Judgment: Reigniting The Seat vs Venue Debate

The overarching theme of arbitration is choice. Amongst other things, parties are free to choose the place where the arbitration is legally based out of. This choice of place or 'seat' is an important one – it includes not only procedural laws relating to matters internal to the arbitration such as composition and appointment of the tribunal but also covers provisions that regulate the external relationship between the arbitration and the courts. The "seat" of the arbitration is therefore a legal construct of particular relevance in international arbitration as it is where the arbitration is 'legally domiciled'. "the arbitral seat is the nation where an international arbitration has its legal domicile or juridical home".