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CS Professional · Arbitration, Mediation and Conciliation · Emerging Aspects: Fast Track and Virtual Arbitration

The arbitration agreement between Raghav Infra Ltd and Sundaram Steels Ltd is silent on the place of arbitration. The parties are in Jaipur and Coimbatore, and all proceedings will be online. Who determines the place of arbitration, and on what basis?

The arbitral tribunal determines the place. Under section 20(2), failing party agreement, the tribunal fixes it having regard to the circumstances of the case, including the convenience of the parties. The claimant, a court or the arbitrator's residence has no default role, even when proceedings are wholly online.

  1. AThe arbitral tribunal, having regard to the circumstances of the case including convenience of the partiesCorrect
  2. BThe court of the claimant's registered office, at its discretion
  3. CThe claimant alone, by notice to the respondent
  4. DThe place defaults to the location of the arbitrator's residence

Explanation

Section 20(2) provides that where the parties have not agreed, the tribunal determines the place having regard to the circumstances, including the convenience of the parties. No role is given to the claimant or a court, and the arbitrator's residence is not a default rule.

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