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Section 20 Arbitration and Conciliation Act, 1996

Arbitration and Conciliation Act, 1996

 

 

20. Place of arbitration.—

 

 

(1) The parties are free to agree on the place of arbitration.

 

(2) Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.

 

(3) Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property.

 

Comments

 

Ascertaining venue of arbitration

 

A conjoint reading of section 2(6) and section 20 leads to the conclusion that in the event, parties do not agree with regard to the place of arbitration, then they had the right to authorise any person including an institution for deciding the venue of the arbitration; Sanshin Chemicals Industry v. Oriental Carbons and Chemicals Ltd., AIR 2001 SC 1219.

 

 

 

 

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Arbitration and Conciliation Act, 1996

 

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