At which place arbitration to be conducted, which parties at different places?

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    • #1506

      If company A and company B enter into an agreement which has an arbitration clause, then at which place the arbitration can be conducted, if these two companies are at different places?

    • #1507

      The answer to your question is provided directly by Section 20 of the Arbitration and Conciliation Act, 1996, which is reproduced below:

      20. Place of arbitration.—(1) The parties are free to agree on the place of arbitration.

      (2) Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.

      (3) Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property.”

           


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