Arbitration and Conciliation Act 1996
6 months ago
I have a question that in case of International Commercial Arbitration, suppose one party is of India and the other party is of USA, then in case of dispute over seat of Arbitration, which country court is to be approached? Whether Indian Court be approached to resolve the issue of seat of arbitration or USA court be approached to resolve the issue of seat of Arbitration? Which country court, USA Court or Indian Court, will decide what is the seat of Arbitration?
A.Dear Sir,
It all depends upon the terms of such agreement contract. If there are no specific term then it depends upon mutual agreement of the parties to the contract.
It all depends upon the terms of such agreement contract. If there are no specific term then it depends upon mutual agreement of the parties to the contract.
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A.Dear Client,
As per the territorial jurisdiction of the Registering authority of deed or documents that stipulate the clause of arbitration to resolve the dispute or difference between the parties, the place of an arbitration proceeding is initiated. So go through the Arbitration clause of the deed of instrument, you need to decide the venue of Arbitration proceedings to resolve the dispute between the parties. You may consult the matter with an Advocate showing him the content of the instrument based on which venue of Arbitration is required to be held to resolve the dispute.
As per the territorial jurisdiction of the Registering authority of deed or documents that stipulate the clause of arbitration to resolve the dispute or difference between the parties, the place of an arbitration proceeding is initiated. So go through the Arbitration clause of the deed of instrument, you need to decide the venue of Arbitration proceedings to resolve the dispute between the parties. You may consult the matter with an Advocate showing him the content of the instrument based on which venue of Arbitration is required to be held to resolve the dispute.
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A.Dear
If the arbitration agreement specifies the jurisdiction of a particular country's courts for disputes related to the seat of arbitration, then the courts of that specific country would have the authority to decide the issue.
If the arbitration agreement is silent on the issue of the seat of arbitration, then it may be determined based on the facts and circumstances of the case, including factors such as the intention of the parties, the location of the hearings, the governing law of the contract, and other relevant factors.
It is essential for parties involved in international commercial contracts to have a clear and well-drafted arbitration agreement that includes provisions regarding the seat of arbitration and the governing law. This can help avoid potential conflicts and uncertainties in the event of a dispute. In case of any ambiguity or disagreement, seeking legal advice from experienced professionals in the field of international arbitration law is highly recommended. They can provide guidance on the appropriate jurisdiction and legal processes for resolving such disputes.
If the arbitration agreement specifies the jurisdiction of a particular country's courts for disputes related to the seat of arbitration, then the courts of that specific country would have the authority to decide the issue.
If the arbitration agreement is silent on the issue of the seat of arbitration, then it may be determined based on the facts and circumstances of the case, including factors such as the intention of the parties, the location of the hearings, the governing law of the contract, and other relevant factors.
It is essential for parties involved in international commercial contracts to have a clear and well-drafted arbitration agreement that includes provisions regarding the seat of arbitration and the governing law. This can help avoid potential conflicts and uncertainties in the event of a dispute. In case of any ambiguity or disagreement, seeking legal advice from experienced professionals in the field of international arbitration law is highly recommended. They can provide guidance on the appropriate jurisdiction and legal processes for resolving such disputes.
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