I. Introduction – Concept of Seat and Venue
The concepts of 'Seat' and 'Venue' are of utmost
significance in any arbitration proceeding as they not only
determine where the arbitration is conducted but is also crucial in
ascertaining the supervisory jurisdiction of courts and the curial
law (lex arbitri) which governs such arbitration.
The 'Seat' of arbitration is the 'situs' of
arbitration, the place where the arbitration is anchored. The seat
of arbitration defines the curial law or procedural law governing
the arbitration and also determines which court(s) will exercise
supervisory jurisdiction over such arbitration. E.g. An arbitration
proceeding seated in Mumbai will be governed by the Arbitration and
Conciliation Act, 1996 (unless otherwise agreed) and any
application challenging an award / order of an arbitrator (Ss. 34
and 37) will lie before the Bombay High Court. For international
arbitrations, the concept of seat assumes greater significance as
it acts
