Landmark judgment on determination of Seat of Arbitration – Arif Azim Co. Ltd. Vs. Micromax Informatics FZE – Supreme Court

This judgment covers: (i) Notional Doctrine of Concurrent Jurisdiction and Applicability of Part I of the Arbitration & Conciliation Act, 1996. (ii) Criterion or Test for Determination of Seat of Arbitration: Conflict of ‘Venue’ versus ‘Seat’ of Arbitration. (iii) Closest Connection Test – Place of Arbitration to be ascertained by the Law governing the Arbitration Agreement and not the Place of Arbitration. (iv) The Shashoua Principle – ‘Venue’ to be construed as ‘Seat’. (v) Non-exclusive jurisdiction clause in arbitration agreement. (vi) Doctrine of Forum non Conveniens.

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