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ARTICLE · 22 JANUARY 2019

"Seat Of Arbitration" And "Venue Of Arbitration" Cannot Be Used Synonymously

The Petitioner had entered into three Time Charter Party Agreements (hereinafter referred to as the "Agreements") with the Respondent which were identical to each other.

IndiaLitigation, Mediation & Arbitration

IN THE HIGH COURT OF DELHI AT NEW DELHI
DREDGING CORPORATION OF INDIA Vs. MERCATOR LIMITED
ARISING OUT OF O.M.P (COMM.) 334/2018, O.M.P (COMM.) 335/2018 & O.M.P (COMM.) 336/2018
DATE – 10.10.2018

FACTS

The Petitioner had entered into three Time Charter Party Agreements (hereinafter referred to as the "Agreements") with the Respondent which were identical to each other. The said Agreements contained an Arbitration Clause in Clause 24.

The Clause 24 dictated that the Contract would be "governed by and construed in accordance with Indian Law" and that any "dispute arising out of or in connection with this contract shall be referred to arbitration in London in accordance with the Arbitration Act, 1996 or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this clause."

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