In Brief
BBR (India) Private Limited contracted with S.P. Singla Constructions to supply cables for a bridge, with an arbitration clause silent on the seat of arbitration. The first arbitrator fixed Panchkula, Haryana as the seat in August 2014. After his recusal, a new arbitrator took over and changed the venue to Delhi in June 2015, where the substantive proceedings and award were made. The question arose: does changing the venue shift the jurisdictional seat, thereby moving jurisdiction from Panchkula to Delhi? The Supreme Court held that once an arbitrator fixes the seat under Section 20(2) of the Arbitration Act, it remains static and cannot be unilaterally changed. The change of venue (actual place of proceedings) does not alter the jurisdictional seat unless parties mutually consent. Certainty of jurisdiction is paramount; only the courts at the fixed seat have exclusive supervisory jurisdiction. Appeals dismissed."
The lawyer headnote and full judgment text are available to registered users.