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CS Professional · Arbitration, Mediation and Conciliation · Arbitration: Introduction, Agreements and its Institutions

Mehta Textiles Pvt Ltd (Surat) and Kapoor Dyes LLP (Jaipur) have an arbitration agreement that says nothing about the place of arbitration. The tribunal fixes the place after weighing where witnesses and documents are located and what is convenient to both sides. Which statement matches the Act?

Where parties have not agreed on the place of arbitration, the arbitral tribunal determines it, having regard to the circumstances of the case including the convenience of the parties. The Act sets no fixed default such as place of contract signing or respondent's residence.

  1. AThe tribunal may fix the place, having regard to the circumstances including the convenience of the partiesCorrect
  2. BThe place must be the city where the contract was signed
  3. CThe principal Civil Court must fix the place on application
  4. DThe place must be where the respondent resides

Explanation

Section 20(2) provides that, failing agreement, the place of arbitration is determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. The Act prescribes no default such as place of signing or respondent's residence, and gives no role to the Court in fixing it.

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