Implications Of Designating ‘Seat' In Domestic Arbitration

'Seat' or 'place of arbitration' or 'locus of arbitration' is quintessential component of any International Commercial Arbitration.¹  It is the seat of arbitration which determines the proper law ("lex arbitri") governing the arbitration (in absence of any express agreement) and which court will exercise the supervisory jurisdiction over the whole arbitration process.² The importance of seat of arbitration is very well known in the world of International Commercial Arbitration ("ICA").³ Although the position in Indian law is settled with regard to the importance and consequences of designating seat in ICA⁴, however, its importance in Domestic arbitration is widely contested. This Article particularly analyses the implications of designating 'seat' in Domestic Arbitration only and will refrain from commenting its significance in ICA