Subject: Arbitration . Other related
subjects: Administration of justice.
Keywords: Arbitration awards; Arbitration
clauses; India; Interpretation; Jurisdiction; Seat of arbitration;
Setting aside;
Legislation:
Arbitration and Conciliation Act 1996 (India) s.34
Case:
Union of India v Hardy Exploration and Production (India) Inc
unreported 2018 (Sup Ct (Ind))
*Int. A.L.R. N-25
Summary
Arbitration agreements must be read in a holistic manner to
determine the seat and correspondingly the jurisdiction of the
supervisory court, if the seat or place of arbitration is not
specified in the arbitration agreement between parties. If the
parties have agreed on a "venue" but not a
"seat" in their arbitration agreement, courts must look
at appended or attached factors to determine the seat of
arbitration. Determination, as referred to in art.20(1) of the
UNCITRAL Model Law, signifies an expressive opinion.
