In Brief
BBR (India) Private Limited had a dispute with S.P. Singla Constructions Private Limited over a cable-stayed bridge project. Their contract contained an arbitration clause but did not specify where arbitration would take place. The first arbitrator fixed the seat at Panchkula, Haryana in August 2014. After the first arbitrator recused himself, a second arbitrator relocated proceedings to Delhi. BBR challenged the award before Delhi High Court. The Supreme Court held that once the arbitral tribunal fixes a seat under Section 20(2) of the Arbitration Act, it remains fixed and static. A change in venue (where hearings occur) does not change the jurisdictional seat. Only express mutual consent of parties can relocate the seat. Therefore, Panchkula courts retain exclusive jurisdiction, and Delhi courts cannot entertain the challenge. The appeal was dismissed.
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