Place of arbitration
Section 20 of the Arbitration and Conciliation Act, 1996 deals with place of arbitration. The parties are free to agree on the place of arbitration. The Act came into force on 22 Aug 1996.
(1) The parties are free to agree on the place of arbitration.
(2) Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.
(3) Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property.
Section 20, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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BBR (India) Private Limited v. S.P. Singla Constructions Private Limited
Court's Decision & Legal Precedent
Where the arbitral tribunal under s.20(2) has determined and fixed the place of arbitration (here Panchkula), that place is the jurisdictional seat. Subsequent appointment of a new arbitrator who conducts hearings at Delhi does not relocate the seat. Exclusive supervisory jurisdiction under s.42 remains with courts at the fixed seat; Delhi courts do not acquire s.34 jurisdiction merely because later hearings were held there.
On this section: s.20(2) place determination by the tribunal fixes the seat; conducting later proceedings elsewhere after arbitrator change does not alter the s.20 seat for court jurisdiction.
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BGS SGS Soma JV v. NHPC Limited
Court's Decision & Legal Precedent
Designation of the place where arbitration proceedings 'shall be held' under the agreement is a designation of the juridical seat under Arbitration Act s.20, not a mere venue for hearings. Once the seat is New Delhi, courts at the seat alone have exclusive jurisdiction for s.34 challenges; Hardy Exploration concurrent-jurisdiction approach overruled. Twin CNR SCIN010348432018 (CA 9308/2019) maps the seat holding left unmapped when companion SCIN010348402018 filled s.37.
On this section: s.20 Place of arbitration — agreement that proceedings 'shall be held' at New Delhi fixes the seat under s.20; Faridabad as cause-of-action venue does not displace seat-court exclusivity for award challenges.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 20
What have the courts held on Section 20 of the Arbitration and Conciliation Act?
BBR (India) Private Limited v. S.P. Singla Constructions Private Limited (18 May 2022) is the leading judgment on this section among those set out below: s.20(2) place determination by the tribunal fixes the seat; conducting later proceedings elsewhere after arbitrator change does not alter the s.20 seat for court jurisdiction. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2019 to 2022.
How do I find court cases under Section 20 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 20, section 20 Arbitration Act, section 20 of the Arbitration and Conciliation Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with BBR (India) Private Limited v. S.P. Singla Constructions Private Limited (18 May 2022).
What should I read with Section 20 of the Arbitration and Conciliation Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 20 of the Arbitration and Conciliation Act come into force?
Section 20 of the Arbitration and Conciliation Act, cited as Arbitration Act 20, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.