India Supreme Court Holds Venue Of Arbitration Is Also Its Seat

Khaitan & Co review the decision in Brahmani River Pellets Ltd v Kamachi Industries Ltd (Civil Appeal No. 5850 of 2019), where the Supreme Court of India found that an arbitration agreement between two Indian parties which expressly stated the ‘venue’ of the arbitration amounted to an exclusive jurisdiction clause for disputes under the agreement. The authors states that contrary to previous precedents – which created a distinction between the ‘venue’ and ‘seat’ for the purposes of domestic arbitration – the Supreme Court in this case held that the designation of ‘venue’ of the arbitration conferred exclusive jurisdiction on the High Court to supervise the arbitration.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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