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

Meridian Infra Pvt Ltd and Sahyadri Builders agreed in their contract that arbitration would be seated at Pune. The tribunal held its hearings of witnesses in Goa for convenience and signed the award at its Mumbai office. The award is silent on the place. Which statement is correct under the Act?

The award must state the agreed place of arbitration, Pune, and is deemed made there. Meeting in Goa for hearings or signing in Mumbai does not shift the place, because the tribunal may meet elsewhere under section 20(3) without altering the place of arbitration.

  1. AThe award is deemed made at Goa, where the witnesses were heard
  2. BThe award must state the place of arbitration as agreed, and it is deemed made at PuneCorrect
  3. CThe award is deemed made at Mumbai, where it was signed
  4. DThe award is deemed made at whichever place the winning party chooses

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. The agreed place is Pune. Under section 20(3) the tribunal may meet elsewhere for hearings or consultation, so Goa and Mumbai do not change the place.

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