by Prerona Banerjee and Rajvansh Singh
The legal quandary between a “seat” and “venue” of arbitration was resolved by India’s Supreme Court (“SC”) in its judgment in Bharat Aluminium Company v. Kaiser Aluminium Technical Services (“BALCO”). This decision clarified that the seat of the arbitration, once chosen, attains a permanent character which decides the scope of the powers and determines the court that has the final supervisory jurisdiction over the arbitration. By contrast, the venue is described to be provisional in nature and is merely for administrative convenience.
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