Arbitration In IndiaVenue can be the Seat of Arbitration

Devi Prasad Mishra v. Nayara Energy Limited

Court – Allahabad High Court

Citation – Civil Misc. Application No. 2 of 2024

Date – 15.07.2025

The Hon’ble Allahabad High Court has held that if only one place is mentioned in the Agreement, then the “venue” will be considered as the “seat” of Arbitration unless something contrary has been mentioned in the Agreement.

The Court held,

“25. In the instant case, admittedly there is only one place which is mentioned in the agreement and that is Mumbai, where the arbitration proceedings were to be held as agreed, coupled with the fact that in clause 22, it vested exclusive jurisdiction to the Courts at Mumbai meaning thereby that Mumbai was agreed as to be the ‘seat’ of arbitration and the parties had agreed to anchor all the arbitral proceedings in Mumbai and there is no other clause or contrary indicators that any other Court could also have the jurisdiction, hence in the instant case it can safely be held that it is the Courts at Mumbai, who would have the jurisdiction as the parties had fixed the ‘seat’ of arbitration at Mumbai and there is no contrary indicator to suggest otherwise.

26. In light of the aforesaid, this Court is of the clear view that the Courts at Mumbai would have the jurisdiction as the parties agreed Mumbai to be the ‘seat’. Moreover, even it its treated to be the ‘venue’ but then in absence of any contrary indicia coupled with the exclusive jurisdiction clause, the venue is treated as the ‘seat’ as held by the Apex Court and once the ‘seat’ has been fixed then all proceedings relating to the said arbitration would be held within the jurisdiction of that Court.”

Team AMLEGALS.

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