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Arbitration & Disputes · 23 September 2026

Where Proceedings Were Conducted Doesn't Decide the Arbitration's Seat: Supreme Court Restores Mahanadi Coalfields' Section 34 Challenge

Source: Originally reported by LiveLaw and Supreme Court Cases on 23 September 2026, with the judgment reported as 2026 INSC 1038. This article has been independently researched and rewritten in full by S&S Co. Advocates & Solicitors for informational purposes: it is not a reproduction of the original reports. Readers are encouraged to consult the original sources and the underlying judgment directly.

In a dispute arising from a 2012 heavy-earth-moving-machinery contract for Mahanadi Coalfields' Kulda Open Cast Project that contained no arbitration clause, the parties later consented to a High Court-appointed sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

After the Orissa High Court dismissed Mahanadi Coalfields' Section 34 challenge to the resulting award as non-maintainable before the District Judge, the Supreme Court held that the mere conduct of arbitral proceedings at a particular place does not, by itself, determine the juridical seat of arbitration absent an express designation or agreement, and that a State High Court's territorial jurisdiction under Section 34 extends to every Commercial Court or District Court within it unless the parties have fixed a seat or agreed otherwise. The Court set aside the Orissa High Court's order and restored the Section 34 petition to the District Judge, Sundargarh.

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