8/12/2019 The Seat of Arbitration- Argument

1/1

The seat of arbitration

The claimant herein submits that the seat of arbitration must be New Delhi, applying the

UNICTRAL procedure rules in the agreement. Art 16 of UNCITRAL rules

. Unless the parties have agreed upon the place where the arbitration is to be held, such

place shall be determined by the arbitral tribunal, having regard to the circumstances of

the arbitration.

Since the arbitration agreement does not specify any place of arbitration, the authority to

determine the place of arbitration is envisaged with the court governed under the law of the

contract. Thus in this case, the high court of Orissa.

The court in determining the locale of the arbitration should hold the meeting only in a place

as it deems appropriate1. The place should be such that it is appropriate for consultation

among its members, for hearing witnesses, experts or the parties, or for inspection of goods,

other property or document2. Russel on Arbitration has observed3

Infixing the place of trial the arbitrator should take all the circumstances into

consideration and decide according to the balance of convenience. The chief circumstances

to be taken into consideration are the place where most of the witnesses reside, the situation

of the subject-matter of the dispute, and the balance of convenience and expense.

In the instant case; the London being the place of arbitration and considering the above

factors outlined, it is evident that the seat of arbitration should be New Delhi or any other

place in the city.

The place of arbitration (also commonly referred to as the 'seat of arbitration') determines the

governing procedural law of the arbitration and the enforceability of the award. The place of

hearing, on the other hand, is the physical location where the hearing is held. This may be

different from the place or seat of arbitration.

Arbitrator biased and should be removed

Lets do it tomorrow together include facts and natural justice + irregularity of procedure, it

was mere meeting .

1

Article 16(2) UNCITRAL RULES2Article 20(2) UNCITRAL MODEL LAW.

3Russell on Arbitration , 19

thEdn (1979), page 264.