Introduction
The Supreme Court in its judgment in BGS SGS SOMA JV vs. NHPC
LTD1 reiterated the importance of correctly identifying
the seat of an arbitration in order to avoid disputes relating to
the curial jurisdiction of the courts. A plethora of conflicting
judgments confusing seat with the venue have created difficulties
in ascertaining the jurisdiction of the curial court. The ruling is
therefore both welcome and timely as it clarifies and helps
identify the place of arbitration where not expressly provided for
by the parties.
Brief Facts
An engineering contract (Contract) between the parties provided
for settlement of disputes with a foreign contractor in accordance
with the Arbitration and Conciliation Act, 1996 ("Act")
and the UNCITRAL rules. The Contract contemplated that arbitration
would be held in New Delhi/Faridabad. Arbitral proceedings were
duly conducted at New Delhi and the award was published there.
