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

Sunita and her broker agreed on arbitration, but nothing was agreed on the place of arbitration. The tribunal is considering where to sit. Which statement is correct?

The arbitral tribunal decides the place. Where parties have not agreed, the tribunal fixes it considering the circumstances of the case, including the convenience of the parties. The broker's office or the exchange's headquarters is not automatically the place.

  1. AThe place must be the registered office of the broker
  2. BThe tribunal determines the place having regard to the circumstances, including convenience of the partiesCorrect
  3. CThe place must be the city where the stock exchange's head office is located
  4. DThe court fixes the place on application by the investor

Explanation

Parties are free to agree on the place. Failing agreement, the arbitral tribunal determines it having regard to the circumstances, including the convenience of the parties. No rule fixes the broker's office or the exchange's head office.

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