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CS Professional · Arbitration, Mediation and Conciliation · Preparation and Execution of Arbitral Award

Kapoor Textiles Ltd and Nair Exports agree in their contract that the place of arbitration is Kochi. The sole arbitrator holds the last hearing and consults documents in Pune for convenience, then signs the award there. The award states the place of arbitration as determined under section 20. Where is the award deemed to have been made?

The award is deemed made at Kochi. The place of arbitration agreed by the parties is stated in the award, and the Act deems the award made at that place. The tribunal may meet elsewhere for hearings or consultation, so signing or hearing in Pune does not change it.

  1. APune, because the arbitrator signed it there
  2. BPune, because the last hearing was held there
  3. CKochi, because the award states the place of arbitration determined under section 20 and is deemed made thereCorrect
  4. DEither Kochi or Pune, at the option of the party enforcing it

Explanation

Section 31(4) requires the award to state its date and the place of arbitration determined under section 20, and the award is deemed made at that place. Section 20(3) lets the tribunal meet elsewhere for hearings or consultation without changing the place. Pune is only a meeting venue, so signing there does not shift the deemed place.

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