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CS Professional · Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

The agreement between Banyan Infra Ltd and Setu Constructions LLP says nothing about the place of arbitration. Banyan is in Pune, Setu in Nagpur, and the site is in Raipur. Who decides the place of arbitration?

The arbitral tribunal decides. When the parties have not agreed on a place of arbitration, the tribunal fixes it considering the circumstances of the case, including the convenience of the parties. Neither the claimant nor the respondent nor a court chooses it.

  1. AThe arbitral tribunal, having regard to the circumstances including convenience of the partiesCorrect
  2. BThe court at the claimant's registered office
  3. CThe claimant, since it began the proceedings
  4. DThe respondent, as the party defending the claim

Explanation

Section 20(2) says that where parties have not agreed on the place, the tribunal determines it having regard to the circumstances, including the convenience of the parties. Neither party has a unilateral right to choose.

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