NDLI: Bbr (india) Private Limited Vs. S.p. Singla Constructions Private Limited

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Arbitration and Conciliation Act Place of Arbitration
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Arbitration and Conciliation Act, 1996: s. 20 – Place of Arbitration – Whether conducting the arbitration proceedings at a new place, owing to the appointment of a new arbitrator, would shift the jurisdictional seat of arbitration – The place of conducting the arbitration proceedings were shifted from Panchkula to Delhi due to the change of arbitrator – Appellant argued that the substantive proceedings were held in Delhi because of which it would be the ‘seat of arbitration’ – Held: Sub-section (1) to s. 20 gives primacy to the agreement of the parties by which they are entitled to fix and specify ‘the seat of arbitration’, which then, by operation of law, determines the jurisdictional court that will, in the said case, exercise territorial jurisdiction – Sub-section (2) comes into the picture only when the parties have not agreed on the place of arbitration as ‘the seat’ – In terms of sub-section (2) of s. 20 the arbitral tribunal determines the place of arbitration – The arbitral tribunal, while doing so, can take into regard the circumstances of the case, including the convenience of the parties – Sub-section (3) of s.20 of the Act enables the arbitral tribunal, unless the parties have agreed to the contrary, to meet at any place to conduct hearing at a place of convenience in matters, such as consultation among its members, for the recording of witnesses, experts or hearing parties, inspection of documents, goods, or property – ‘The seat’ once fixed by the arbitral tribunal under s.20(2), should remain static and fixed – Venue is not constant and stationary and can move and change in terms of sub-section (3) to s. 20 of the Act – Change of venue does not result in change or relocation of the ‘seat of arbitration’. Arbitration and Conciliation Act, 1996: s. 42 – Jurisdiction – Appellant relied on s.42 to contend that the seat of arbitration is in Delhi – Held: s. 42 is of no avail as it does not help the case propounded by the appellant, as in the present case the arbitrator had fixed the jurisdictional ‘seat’ under s. 20(2) of the Act before any party had moved the court under the Act, being a court where a part or whole of the cause of action had arisen.
Judge	Hon'ble Mr. Justice Sanjiv Khanna
Neutral Citation	2022 INSC 591
Petitioner	Bbr (india) Private Limited
Respondent	S.p. Singla Constructions Private Limited
SCR	[2022] 19 S.C.R. 977
Judgement Date	2022-05-18
Case Number	4130-4131

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