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

Ask Legal Question (Free) Forums Arbitration At which place arbitration to be conducted, which parties at different places?

Ask a New Legal Question (Free)

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 10 months, 2 weeks ago.

  • Author
    Posts
  • #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.”

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

You must be logged in to reply to this topic.

Facebook Comments

[Note: These Facebook Comments are not monitored by Forum Editor. Hence, they may not be replied to. If you want to ask a free legal question, click here.]