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Arbitration & Dispute Resolution · 27 May 2026

Once the Seat of Arbitration Is Fixed, Its Courts Alone Have Jurisdiction: Even If the Contract Also Names a 'Venue' Elsewhere: Supreme Court

Source: Originally reported by LiveLaw in May 2026, covering a Supreme Court ruling on the distinction between the seat and venue of arbitration for purposes of determining supervisory court jurisdiction. 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.

The Supreme Court has reiterated the well-established distinction between the 'seat' of arbitration, which fixes the supervisory jurisdiction of courts over the arbitration, and the 'venue', which is merely the geographically convenient place where hearings are physically held and carries no independent jurisdictional consequence once the seat is otherwise clear from the parties' agreement.

The dispute arose from a contract that designated one city as the 'venue' for arbitration hearings while separately providing that the arbitration would be conducted in accordance with the rules of an institution headquartered in a different city, and containing an exclusive jurisdiction clause referring only to the courts of that second city. The Court held that, read as a whole, the parties' agreement fixed the seat at the city named in the exclusive jurisdiction clause, and the reference to a 'venue' elsewhere was purely logistical.

The Court reiterated the settled position, traced through BALCO and later authorities, that where a contract clearly designates a seat, courts should not import a competing supervisory jurisdiction merely because hearings were, for convenience, conducted at a different location: the seat, not the venue, determines which courts can entertain applications under Sections 9, 34 and 37 of the Act.

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