The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that Section 6 of Commercial Courts Act, 2015 is an enabling provision and does not override .
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The Calcutta High Court has held that the venue for arbitration, as decided by the parties under their contractual agreement would automatically be the seat for arbitration, in the absence of any.
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The Supreme Court has held that when parties change the venue/place of arbitration by mutual agreement, the new venue/place will become the seat of the arbitration .
Therefore, the Courts at the changed venue/place of arbitration will be having jurisdiction over the arbitral proceedings.
A bench comprising
Justices Rohinton Fali Nariman and Hrishikesh Roy gave this significant ruling in the case
M/s Inox Renewables Ltd v Jayesh Electricals Ltd. The bench followed the precedent in
BGS SGS Soma JV vs NHPC Ltd, which held that the venue of arbitration will be the juridical seat of arbitration in the absence of contrary intention of the parties.