Arbitration and Conciliation Act Section 20 — Place of arbitration

CHAPTER V — Conduct of arbitral proceedings

Civil

Summary

Sub-section (1) lets the parties in a dispute choose for themselves where the arbitration will take place. They are free to agree on the place of arbitration.

Sub-section (2) covers what happens if the parties do not reach such an agreement. In that case, the arbitral tribunal decides the place of arbitration, taking into account the circumstances of the case, including what is convenient for the parties.

Sub-section (3) clarifies that, regardless of the place chosen under sub-sections (1) or (2), the arbitral tribunal may hold meetings at any location it considers suitable, unless the parties have agreed otherwise. This can be for consultations among its members, for hearing witnesses, experts, or the parties, or for inspecting documents, goods, or other property.

Official Text

(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 anyplace it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property.