Change of location

Section 20. of A & C Act, 1996 states as under:-

Place of arbitration.—
(1) The parties are free to agree on the place of arbitration.
(2) Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral
tribunal having regard to the circumstances of the case, including the convenience of the parties.
(3) Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal may, unless otherwise agreed by the parties,
meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the
parties, or for inspection of documents, goods or other property.

Hope you got your answer..

Rightly advised...

Place of arbitration & Seat of Arbitration are two distinct things and not to be confused. Place of arbitration could be anywhere depending upon convenience of parties, but the agreed seat of arbitration (as per agreement / arbitration clause) shall determine the jurisdiction of the courts.

Thank you everyone.. Thank you Anil Sir. :)

Dear Bhagyashree,

In the query it is not clear as to the arbitration agreement on the basis of which you are fighting. In all arbitration cases, the arbitration agreement is the basic ocument which contains the inter-se rights and liabilities in respect of the arbitration. 

In your case, you have to ascertain the seat as well as the venue of the arbitration as per the agreement. The seat of arbitration determines the jurisdiction of the supervisory court whereas the venue may be anywhere even out of India (though the seat of arbitration is in Delhi or Mumbai). 

In case the arbitration agreement is silent on the matter the provision of Section 20 of the Arbitration & Concilliation Act, 1996 would apply as answered by Anil Ji.

Thanking you.

Anupam Lahiri, LLB, ACMA, Lic ICSI