Can Arbitrator change the venue of arbitration without the consent of all the parties? – Dhule Municipal Commissioner Vs. Borse Borthers Engineers and Contractors Pvt. Ltd. – Bombay High Court
In this important judgment, Hon’ble Bombay High Court referring various judgment held that even assuming that the venue is stipulated in the agreement, and the neutrality of venue comes in sharp focus on account of dominant position of one of the party at a particular venue i.e. if the arbitrator concludes that conducting the arbitration proceedings at the specified venue is detrimental to the arbitration process, he may shift the venue to an alternate conveniently located place. This exercise should be permitted as the arbitrator discharges quasi-judicial functions.