Business Transfer Agreement

Supreme Court Revisits the Venue – Seat Issue 

Introduction:

A division bench of the Supreme Court in M/s Inox Renewables Ltd. v. Jayesh Electricals Ltd.[1] has recently reiterated the decision in BSG SGS SOMA JV vs. NHPC Limited[2], equating the juridical concepts of seat and venue. In this regard, the Court has clarified that a shift in venue by mutual agreement between the parties would be tantamount to a shifting of the place/ seat of arbitration.
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