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

Under their contract, Mehra Pharma Ltd and Tanvi Logistics Pvt Ltd agreed that the place of arbitration is Mumbai. The sole arbitrator finds it easier to examine a warehouse inspector and inspect stored goods in Ahmedabad. Which statement is correct?

The arbitrator may meet in Ahmedabad. Despite the agreed place being Mumbai, the tribunal may, unless the parties have otherwise agreed, meet at any place it considers appropriate for consultation, hearing witnesses or parties, or inspecting documents, goods or property.

  1. AThe arbitrator may meet in Ahmedabad for hearing witnesses and inspecting goods, unless the parties agreed otherwiseCorrect
  2. BThe arbitrator cannot meet anywhere except Mumbai in any circumstance
  3. CThe arbitrator may meet in Ahmedabad only if a court permits it
  4. DThe agreed place automatically shifts to Ahmedabad once the arbitrator meets there

Explanation

Section 20(3) allows the tribunal, notwithstanding the agreed or determined place and unless parties agree otherwise, to meet at any place it considers appropriate for hearing witnesses or inspecting goods or property. This does not change the place of arbitration itself.

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