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CS Professional · Arbitration, Mediation and Conciliation · Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges

Meridian Securities Ltd (Mumbai) and its client Mr. Rohan Iyer (Chennai) signed an arbitration agreement that says nothing about where the arbitration is to be held. They have not agreed on a place either. Who determines the place of arbitration under the Arbitration and Conciliation Act, 1996?

The arbitral tribunal fixes the place of arbitration when the parties have not agreed on one. It does so having regard to the circumstances of the case, including the convenience of the parties, as provided in section 20(2) of the Act.

  1. AThe arbitral tribunal, having regard to the circumstances of the case, including the convenience of the partiesCorrect
  2. BThe Court, as the principal Civil Court of original jurisdiction
  3. CThe party that first invoked the arbitration
  4. DThe stock exchange where the securities were traded

Explanation

Section 20(1) lets the parties agree on the place. Under section 20(2), where they have not agreed, the arbitral tribunal determines the place, having regard to the circumstances of the case, including the convenience of the parties. The Court has no such role, and the invoking party cannot fix the place unilaterally.

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