SC rules where arbitration hearings are held does not fix the legal seat
CLAT PG ● Lower importance 23 September 2026
SC rules where arbitration hearings are held does not fix the legal seat

What happened

The Supreme Court of India has clarified that a High Court's physical location or the venue where arbitration sittings are held does not determine the juridical seat of arbitration under the Arbitration and Conciliation Act, 1996. The juridical seat is fixed by the agreement of parties or by the tribunal, not by geography of hearings. This distinction between 'seat' and 'venue' governs which court has supervisory jurisdiction over arbitration proceedings.

Why it matters

This ruling sharpens one of the most contested distinctions in Indian arbitration law: the difference between the 'seat' and the 'venue' of arbitration.

The juridical seat of arbitration is the legal home of the proceedings — it determines which court has exclusive supervisory jurisdiction under Sections 9, 14, 34, and 37 of the Arbitration and Conciliation Act, 1996. The venue, by contrast, is merely the physical location where hearings happen for logistical convenience.

The Supreme Court has consistently held, starting with Bharat Aluminium Co. v. Kaiser Aluminium (BALCO, 2012), that Part I of the Act applies only when the seat is in India. Later, in BGS SGS SOMA JV v. NHPC (2019), the Court held that designation of a 'place' of arbitration in an agreement ordinarily connotes the seat, not merely a convenient venue.

The present ruling extends this logic: even if a High Court physically sits in City X and hearings take place there, that does not make City X the juridical seat. Parties must look to their arbitration agreement or the tribunal's order to determine the seat.

For CLAT PG aspirants, this matters because the examiner frequently tests the seat-venue distinction through passage-based questions that present a fact pattern — two cities, an arbitration clause, a hearing location — and asks which court has jurisdiction. The answer always turns on the seat, not the venue.
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