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Abstract:

Arbitration is a private dispute resolution process where parties decide to settle their dispute instead of going to court. Main features of arbitration process are confidentiality, neutrality and it is consensual. The arbitral award is final and binding on both parties. 2 Party autonomy is also a key feature of arbitration process. Party autonomy means parties are free to decide which substantive law would apply, number of arbitrators, seat, and venue of arbitration. The seat of arbitration is vitally important as it determines the applicable law to the arbitration proceedings. Seat of arbitration is different from venue of arbitration as the former determines which procedural laws would apply to the arbitration proceedings and the latter is merely the geographical location where the proceedings would take place. It is important that parties must mutually determine the seat of arbitration to avoid unnecessary dispute. This content aims at providing the information about case decided upon the validity of the subsequent change of seat of arbitration by mutual agreement. In this judgment, court has laid importance upon the shifting of seat of arbitration by mutual agreement of the parties

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