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Distinction between seat and venue of arbitration in arbitration claus


25-Jul-2023 (In Arbitration Law)
Following, is a dispute resolution clause of a Termination agreement between two parties. "All disputes arising out of this Termination Agreement will be settled by way of arbitration in Singapore, in accordance with the SIAC Rules, as may be amended from time to time; (2) All rights and duties arising out of this Termination Agreement will be judged against the laws of India; (3) The law applicable to the interpretation of this Termination Agreement will be Indian law." What would be the seat and the venue of the arbitration? In the above case, can it so happen that India is the seat of arbitration and Singapore is only the venue even though arbitration is governed by SIAC rules of procedure? And, if India is the seat of arbitration, would the award of the arbitrator be a domestic award or a foreign award since it is made in Singapore, which is a party to the New York Convention? Please clarify.
Answers (1)

Answer #1
617 votes
In the present case and as per the above agreement the seat and venue will be Singapore. The clause has specified that law of India will govern the agreement then it will be decided under Arbitration and Conciliation Act, 1996. Since you have not disclose the entities then it cannot be said that the award will be covered under domestic or international.

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