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.