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Supreme Court of India· 23 September 2026

Does mere conduct of arbitral proceedings at a location determine the juridical seat of arbitration?

MAHANADI COALFIELDS LTD & ORS v. M/S GSCO (GURMEET SINGH AND COMPANY)
2026 INSC 1038
Coram: Justice Sanjay Kumar · Justice Sanjeev Sachdeva
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Answer

Mere conduct of arbitral proceedings at a location does not by itself determine the juridical seat of arbitration.

No. Mere conduct of arbitral proceedings at a location does not by itself, or per se, determine the juridical seat of arbitration. Seat determines the courts exercising supervisory jurisdiction, while venue merely denotes the physical location where the sittings are held, and in the absence of any express designation of a seat, the venue cannot be treated as the seat. (¶27, 28)

Headnote

Arbitration and Conciliation Act, 1996 — s.11(6) — s.34 — s.42 — s.2(1)(e) — Seat and venue of arbitration — Territorial jurisdiction — Arbitration and Conciliation Act, 1996 — Seat and venue — Determination of seat — Held: Mere conduct of arbitral proceedings at a location does not by itself, or per se, determine the juridical seat of arbitration. Seat determines the courts exercising supervisory jurisdiction, while venue merely denotes the physical location where the sittings are held. (¶27, 28) Arbitration and Conciliation Act, 1996 — s.11(6) — Appointment by a High Court — Seat not thereby fixed — Held further: The seat of a High Court does not confer jurisdiction on its courts merely because it appointed the arbitrator under Section 11(6) of the Act. (¶30) Arbitration and Conciliation Act, 1996 — s.34 — Territorial jurisdiction — Entire State — Held further: Section 34 of the Act confers jurisdiction on every court within a High Court's territorial jurisdiction, unless the parties have agreed to the contrary or there is a specific determination of a seat; the appeal was accordingly allowed and the impugned order set aside. (¶31, 32)

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In the Court's own words
Paragraph 27As per the Appellants, the arbitral proceedings were held at Cuttack only for the sake of convenience of the Arbitrator. Nothing to the contrary has been pointed out by learned senior counsel for the Respondent. Thus, mere conduct of arbitral proceedings could not per se determine the juridical seat of arbitration.
Paragraph 28There is a distinction between “seat” and “venue” of arbitration. While ‘Seat’ determines the Courts exercising supervisory jurisdiction over the arbitration proceedings, ‘Venue’ merely denoted the physical location where the sitting are held. In the absence of any express designation of Cuttack as the seat, the High Court clearly erred in treating the venue of the arbitration as the seat.
Acts & Sections
s.34 Arbitration and Conciliation Act, 1996s.11(6) Arbitration and Conciliation Act, 1996s.42 Arbitration and Conciliation Act, 1996s.2(1)(e) Arbitration and Conciliation Act, 1996

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Also decided in this judgment
Does the seat of a High Court confer jurisdiction on its courts merely because it appointed the arbitrator under Section 11(6) of the Act?Does Section 34 of the Arbitration and Conciliation Act, 1996 confer jurisdiction on every court within a High Court's territorial jurisdiction?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections