Understanding Seat and Venue in Arbitration and Its Impact on Jurisdiction in International Commercial Disputes
Introduction The Supreme Court bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar & K.V. Viswanathan in a recent decision in Disortho S.A.S. versus Meril Life Sciences Private Limited1 has held that the explicitly designated “seat” of arbitration, even if termed “venue,” determines jurisdiction. This case, involving a Colombian company (Disortho) seeking Indian court intervention to appoint arbitrators against […]
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