Tag Archives: seat

Indian courts have jurisdiction when arbitration ‘seat’ not agreed: SC

Clarifying the distinction between ‘venue’ and ‘seat’ during arbitration proceedings, the Supreme Court of India reiterated that courts in India have jurisdiction over arbitration proceedings when the arbitration ‘seat’ has not agreed between the parties. Reviewing a plethora of case, … Continue reading

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Govt. educational institutions to reserve 5% seats for persons with disabilities: SC

The Supreme Court of India directed that all government educational institutions and others receiving aid from the government shall reserve at least 5 per cent seats for persons with disabilities while making admission of students in educational courses of higher … Continue reading

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Arbitration seat determines courts’ jurisdiction: SC

The Supreme Court of India recently held that when an agreement provided for a specific seat of arbitration and restricted the jurisdiction of all courts except for the court of the seat of arbitration, no other court will have any … Continue reading

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Arbitration seat automatically attracts law applicable to such location: SC

The Supreme Court of India reiterated that the mere choosing of a juridical seat of arbitration would automatically attract the law applicable to such a location in arbitration proceedings. “……the mere choosing of the juridical seat of Arbitration attracts the … Continue reading

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Arbitration seat attracts law applicable to such location: SC

In a case where one of the parties was a foreign national, the Supreme Court of India clarified that choosing of the juridical seat of arbitration attracts the law applicable to such location and it would not be necessary to … Continue reading

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Arbitration Act not applicable if arbitration seat is outside India: SC

In a landmark judgment by a 5-judge Bench, the Supreme Court of India ruled that if the arbitration agreement is found or held to provide for a seat/place of arbitration outside India, then the provision that the Arbitration Act, 1996 … Continue reading

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